General Appropriations Bill H. 3696 for the fiscal year beginning July 1, 1999
TO AMEND CHAPTER 63 OF TITLE 59 OF THE 1976 CODE, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR A SYSTEM OF ALTERNATIVE SCHOOLS FOR SPECIFIED STUDENTS IN GRADES 6-12 FOR WHICH A SCHOOL DISTRICT SHALL RECEIVE CERTAIN FUNDING IF IT CHOOSES TO ESTABLISH, MAINTAIN, AND OPERATE AN ALTERNATIVE SCHOOL EITHER INDIVIDUALLY OR THROUGH A COOPERATIVE AGREEMENT WITH OTHER DISTRICTS, AND TO REPEAL SECTION 59-18-1900 RELATING TO COMPETITIVE GRANTS TO FUND ALTERNATIVE SCHOOLS.
A. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-1300. The General Assembly finds that a child who does not complete his education is greatly limited in obtaining employment, achieving his full potential, and becoming a productive member of society. It is therefore the intent of this article to encourage district school boards throughout the State to establish alternative school programs. These programs shall be designed to provide appropriate services to students who for academic or behavioral reasons are not benefiting from the regular school program or may be interfering with the learning of others. It is further the intent of this article that cooperative agreements may be developed among school districts in order to implement innovative exemplary programs.
Section 59-63-1310. School districts which choose to establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs shall be eligible for funding provided by the General Assembly for this purpose. The program must be operated at a site separate from other schools unless operated at a time when those schools are not in session or in another building on campus or in a defined area within a building which provides complete separation from other students These programs shall be provided for, but not limited to, students in grades 6-12.
Section 59-63-1320. Alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting and State requirements may be waived in these areas if such waiver assists the alternative school in meeting its purpose.
Section 59-63-1330. To be eligible for funding, a district or consortium must submit a plan for the program which includes:
(a) purposes of the school,
(b) the policy for the basis of enrollment in the school, and
(c) description of how the school will focus on the educational and behavioral needs of the students. This description must include strategies for individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic achievement standards in the core academic areas, provisions for a low pupil-teacher ratio, utilization of available technology, strict codes of student conduct, counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and student time-lines for meeting the academic and conduct standards set. The alternative program may be provided in conjunction with the adult education program where appropriate. Goals and interim goals and data collection for program evaluation must be a part of the program plan.
The instructional program shall enable students to make the transition to a regular school program, earn a high school diploma or GED, or seek postsecondary education. Steps shall be taken to ensure that credit earned by students participating in the alternative school program can be transferred to other public schools in the State; provided, nothing herein shall prohibit school districts or the State Department of Education from establishing and providing new and innovative programs as may be authorized otherwise under law to meet the unique needs of alternative school students who otherwise might drop out of school or never be able successfully to complete the requirements for a diploma.
Section 59-63-1340. A school district or consortium must establish guidelines to provide transportation to students attending an alternative school.
Section 59-63-1350. Boards of trustees, following local policies, shall consider placement in the alternative school as an option to expulsion. However, nothing in this article shall abrogate the authority of any public school district and its governing board to take such disciplinary action as it is otherwise empowered by law to take against any student for misconduct, including but not limited to expulsion, and nothing in this article shall require that any student be assigned to such an alternative school.
Section 59-63-1360. Each school district or consortium shall establish procedures for ensuring that teachers assigned to alternative school programs possess the pedagogical and content-related skills necessary to meet the needs of the student population served by the school. Each school board also shall ensure that adequate staff development activities are available for alternative school program faculty and staff and ensure that the faculty and staff participate in these activities. The State Department of Education in consultation with other appropriate entities shall provide assistance to school districts in the development of staff development programs which include best practices. These programs shall be made available to all district teachers.
Section 59-63-1370. A school district shall allocate to an alternative school program the same per student expenditure to include federal, state, and local funds that would be allocated to the student's school if the student were attending the student's regularly assigned school. This shall include any appropriate special education funding.
Districts or consortia meeting the eligibility requirements for alternative school funding shall receive a base funding minimum of fifty thousand dollars but not exceeding two hundred thousand dollars depending on the student population of the district or consortium and the projected school population. However, districts in a multi-district county with a total student population of less than 7,000 will not qualify for base funding for an alternative school unless in a consortium. The State Board of Education shall establish guidelines for determining the amount of base funding for eligible programs. It is the intent of the General Assembly that eligible programs, beginning with school year 2000-2001, shall also receive per pupil funding based on the average daily membership of the students served by the program at an Education Finance Act weighting of 1.74. Per pupil funds for the alternative school program shall be distributed through the EFA formula provided for in Section 59-20-40. These funds shall be used for the establishment, maintenance, and operation of alternative schools programs.
Districts or consortia developing plans for the establishment of an alternative school shall be eligible for a planning grant of no more than five thousand dollars.
Section 59-63-1380. The State Department of Education shall review alternative school plans for eligibility for funding, and provide technical assistance for planning, establishing, and implementing an alternative school based on best practice. The department shall assist any district or consortia whose plan does not meet the eligibility criteria; however, no funding shall be approved until the plan ensures implementation of appropriate services for students served by the alternative school.
Section 59-63-1390. Clear procedures shall be established for an annual review of the implementation and progress of the alternative school programs and a three-year cycle evaluation shall examine the success of this initiative. If an annual review or the evaluation finds a program is not making progress to carry out the alternative school plan or meet the locally established outcome measures, the Department of Education shall provide technical assistance and future funding may be terminated.
B. Section 59-18-1900 of the 1976 Code is repealed.
TO AMEND THE 1976 CODE BY ADDING SECTION 59-24-65 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA PRINCIPALS' EXECUTIVE INSTITUTE.
A. The 1976 Code is amended by adding:
"Section 59-24-65. The State Department of Education shall establish a Principals' Executive Institute (PEI) with the funds appropriated for that purpose.
(1) A task force appointed by the State Superintendent of Education shall begin on or before July 1, 1999, to design this program so that the first class of participants shall begin during school year 1999-2000. The task force shall include, but is not limited to, representatives from the State Department of Education, business leaders, university faculty, district superintendents, school principals, South Carolina Teachers of the Year, representatives from professional organizations, members of the Education Oversight Committee, and appropriate legislative staff.
(2) The purpose of the PEI is to provide professional development to South Carolina's principals in management and school leadership skills.
(3) By January 1, 2000, the State Board of Education shall establish regulations governing the operation of the PEI.
(4) The focus of the first year of the Principals' Executive Institute shall be to serve the twenty-seven principals from impaired schools and other experienced principals as identified by the South Carolina Leadership Academy of the Department of Education and as approved by the local public school districts which employ such principals.
(5) The creation of the Principals' Executive Institute shall not duplicate the State Department of Education's Leadership Academy programs but shall provide intensive, in-depth training in business principles and concepts as they relate to school management and the training and developmental programs for principals mandated under the 1998 Education Accountability Act."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 59-39-105, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STAR DIPLOMA AND SCHOLARSHIP, SO AS TO CHANGE THE NAME OF THE DIPLOMA TO THE "SUPERIOR TECHNOLOGY OR ACADEMIC REQUIREMENTS"; TO AMEND SECTION 59-39-190, RELATING TO THE STAR SCHOLARSHIP, SO AS TO DELETE THE SCHOLARSHIP AND TO AUTHORIZE THE DEPARTMENT OF EDUCATION TO PROMULGATE REGULATIONS FOR THE SUPERIOR TECHNOLOGY OR ACADEMIC REQUIREMENTS DIPLOMA; AND TO REPEAL SECTION 59-39-180, RELATING TO THE STAR SCHOLARSHIP REQUIREMENTS.
A. Section 59-39-105, as last amended by Act 274 of 1998, is further amended to read:
"Section 59-39-105. For the purpose of recognizing and rewarding outstanding performance and academic achievement on the part of public and nonpublic school students beginning with the 1997-98 school year, students graduating from accredited public and nonpublic high schools of this State who have earned no less than twenty-four units as prescribed under Section 59-39-100, have met the requirements for either the college preparation or the technical preparation track as prescribed by the State Board of Education, and earned the equivalent of an overall 'B' grade average or better shall be awarded the Superior Scholars for Today and Tomorrow Technology or Academic Requirements (STAR) diploma. Students meeting the course requirements for this diploma by participating in higher level courses such as advanced placement shall have their grade point average adjusted to reflect the greater difficulty of these courses. For the purposes of this diploma, the State Board of Education shall define what is meant by a 'B' average and adjustments to be made to reflect course difficulty.
The State Board of Education is directed to develop the design of the STAR diploma to recognize the special achievements of students awarded this diploma and to distinguish it from the diploma issued under Section 59-39-100.
For purposes of this section, honors courses shall be included, along with advanced placement and international baccalaureate courses, in those courses where grade point averages are adjusted to reflect greater difficulty."
B. Section 59-39-190 of the 1976 Code, as added by Act 155 of 1997, is amended to read:
"Section 59-39-190. The State Board of Education is authorized to promulgate regulations necessary for the implementation and administration of the Superior Scholars for Today and Tomorrow Technology or Academic Requirements (STAR) diploma and scholarship. The Department of Education shall furnish the Commission on Higher Education with the list of students who qualify for the STAR Scholarship. The Commission on Higher Education shall distribute the scholarship funds for these students to the appropriate institutions."
C. Section 59-39-180, as added by Act 155 of 1997, is repealed.
D. This section takes effect July 1, 1999.
TO AMEND SECTION 59-18-500 OF THE 1976 CODE, RELATING TO ACADEMIC PLANS FOR UNDERPERFORMING STUDENTS, SO AS TO PERMIT SCHOOL DISTRICTS TO REQUIRE AN UNDERPERFORMING STUDENT TO ATTEND SUMMER SCHOOL OR PARTICIPATE IN A COMPREHENSIVE REMEDIATION PROGRAM THE FOLLOWING YEAR AND ESTABLISH CRITERIA BY WHICH A STUDENT MAY BE RETAINED.
Section 59-18-500(C) and (D) of the 1976 Code, as added by Act 400 of 1998, are amended to read:
"(C) At the end of the school year, the student's performance will be reviewed by appropriate school personnel. If the student's work has not been at grade level or if the terms of the academic plan have not been met, the student may be retained, or he may be required to attend summer school, or he may be required to attend a comprehensive remediation program the following year designed to address objectives outlined in the academic plan for promotion. Students required to participate the following year in a comprehensive remediation program must be considered on academic probation. Comprehensive remediation programs established by the district shall operate outside of the normal school day and must meet the guidelines established for these programs by the State Board of Education. If there is a compelling reason why the student should not be required to attend summer school or be retained, the parent or student may appeal to a district review panel.
(D) At the end of summer school, a district panel will must review the student's progress and report to the parents whether the student's academic progress indicates readiness to achieve grade level standards for the next grade. If the student is not at grade level or the student's assessment results show standards are not met, the student will must be placed on academic probation. A conference of the student, parents, and appropriate school personnel will must revise the academic plan to address academic difficulties. At the conference it must be stipulated that academic probation means if either school work is not up to grade level or if assessment results again show standards are not met, or both, the student will may be retained based on a review of overall student performance including quality of school work, teacher judgement, and assessment results following local board policies. The district's appeals process remains in effect."
TO AMEND SECTION 12-23-810, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ANNUAL TAX ON LICENSED HOSPITALS, SO AS TO INCREASE THE ANNUAL REVENUES OF THE TAX FROM TWENTY-ONE AND ONE-HALF TO THIRTY-TWO AND ONE-HALF MILLION DOLLARS.
A. Section 12-23-810(C) of the 1976 Code, as amended by Act 105 of 1991, is further amended to read:
"(C) Total annual revenues from the tax, exclusive of penalties and interest, in subsection (A) of this section must equal twenty-one thirty-two and one-half million dollars."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 12-33-245 OF THE 1976 CODE RELATING TO THE TWENTY-FIVE CENT EXCISE TAX ON MINIBOTTLES, SO AS TO PROVIDE THAT ELEVEN PERCENT OF THE REVENUES OF THIS TAX MUST BE CREDITED TO A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND, ALLOCATED TO COUNTIES ON A PER CAPITA BASIS, AND USED IN COMBINATION WITH MONIES FROM THE LOCAL GOVERNMENT FUND FOR EDUCATIONAL PURPOSES PERTAINING TO THE USE OF ALCOHOLIC LIQUORS AND FOR THE REHABILITATION OF ALCOHOLICS AND DRUG ADDICTS; AND TO AMEND SECTIONS 61-12-10, 61-12-20, AND 61-12-70, RELATING TO DISBURSEMENT OF MONIES FROM THE LOCAL GOVERNMENT FUND TO COUNTIES FOR PROGRAMS FOR ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO INCLUDE MONIES GENERATED PURSUANT TO SECTION 12-33-245 ABOVE INTO THIS PROGRAM AND ITS DISBURSEMENT PROCEDURES.
A. Section 12-33-245 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 12-33-245. (A) In lieu of taxes imposed under Sections 12-33-230 and 12-33-240, alcoholic liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply.
(B) Eleven percent of the revenue generated by subsection (A) must be Placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer shall allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool these funds with other counties and may combine these funds with other funds for the same purpose."
B. Section 61-12-10 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-12-10. Revenue allocated to counties for educational purposes relating to the use of alcoholic liquors and the rehabilitation of alcoholics, drug abusers, and drug addicts pursuant to Section 6-27-40 and Section 12-33-245 must be regulated and disbursed in accordance with the provisions of this chapter."
C. Section 61-12-20 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-12-20. Before the use of the revenue described in Section 61-12-10, the governing body of each county must:
(a) designate a single existing county agency or organization, either public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by revenues allocated pursuant to Section 6-27-40 the revenue described in Section 61-12-10 or create a new agency for that purpose;
(b) develop a county plan in accordance with the state plan for alcohol abuse and alcoholism and the state plan for drug abuse required by Public Laws 91-616 and 92-255 for the prevention and control of alcohol and drug abuse and obtain written approval of the plan by the Department of Alcohol and Other Drug Abuse Services. Written approval must be given by the Department of Alcohol and Other Drug Abuse Services if the plan is reasonable. If approval is denied, the county may appeal to the Governor. The appeal must state fully the reasons why it is made. If the Governor considers the nonapproval of the plan by the Department of Alcohol and Other Drug Abuse Services to be unreasonable, he must communicate his reasons to the Department of Alcohol and Other Drug Abuse Services and require it to reexamine the plan in light of his objections. Following the reexamination, no further appeal may be taken."
D. Section 61-12-70 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-12-70. Funds disbursed pursuant to the provisions of Section 6-27-40 and this chapter must be used only to supplement and increase the level of federal, state, local, and other funding that in the absence of these funds would be made available, and must in no event be used to supplant federal, state, local, and other funds."
E. This section takes effect July 1, 1999.
TO AMEND SECTION 56-1-1330, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT AN APPLICANT FOR A PROVISIONAL DRIVER'S LICENSE MUST COMPLETE AN ALCOHOL TRAFFIC SAFETY ACTION PROGRAM, SO AS TO DELETE THE PROVISIONS WHICH REQUIRE AN ASSESSMENT OF A PERSON ENROLLED IN THE PROGRAM AND THE COMPLETION OF A TREATMENT PROGRAM, AND DELETE THE PROVISIONS RELATING TO THE ASSESSMENT OF COSTS RELATED TO THE PROGRAM; AND TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANY OTHER DRUG, SO AS TO PROVIDE THAT THE ALCOHOL AND DRUG ACTION PROGRAM SHALL DETERMINE IF A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED AND IS ENROLLED IN ONE OF ITS ALCOHOL AND DRUG ABUSE PROGRAMS HAS SUCCESSFULLY COMPLETED ITS SERVICES, TO REVISE THE MANNER IN WHICH SERVICES FOR AN APPLICANT ARE DETERMINED, TO REVISE THE SCHEDULE OF FEES THAT A PERSON ENROLLED IN AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM IS ASSESSED, TO CAP THE FEES FOR VARIOUS TYPES OF SERVICES, TO PROVIDE THAT A PERSON WHO IS UNABLE TO PAY FOR CERTAIN SERVICES MUST PERFORM COMMUNITY SERVICE AND MAY NOT BE DENIED SERVICES, TO PROVIDE THAT INABILITY TO PAY MAY NOT BE USED AS A FACTOR IN DETERMINING SUCCESSFUL COMPLETION OF THE PROGRAM, TO REQUIRE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES TO REPORT TO THE HOUSE WAYS AND MEANS COMMITTEE THE NUMBER OF FIRST AND MULTIPLE OFFENDERS SUCCESSFULLY COMPLETING THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM AND OTHER INFORMATION ABOUT THE PROGRAM, TO REVISE THE PERIOD IN WHICH A PERSON MUST COMPLETE THE SERVICES DIRECTED BY THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM BEFORE A HEARING ON THE PERSON'S STATUS MUST BE HELD, AND TO DELETE THE PROVISION THAT PROVIDES THAT THE SUCCESSFUL COMPLETION OF EDUCATION, TREATMENT SERVICES, OR BOTH, FOR PURPOSES OF RECEIVING A PROVISIONAL DRIVER'S LICENSE MAY BE SUBSTITUTED IN LIEU OF SERVICES RECEIVED FROM AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM.
A. Section 56-1-1330 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-1330. The provisional driver's license provision must include a mandatory requirement that the applicant enter enroll in an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services and be assessed to determine the extent and nature of an alcohol and drug abuse problem, if any, and successfully complete treatment or education services recommended by the program. The applicant shall bear the cost of the services which must be determined by the administering agency and approved by the Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. The commission shall recommend subsequent cost changes on an annual basis subject to the approval of the General Assembly and successfully complete services pursuant to the requirements specified in Section 56-5-2990. If the applicant fails to complete successfully the services as directed by the department Alcohol and Drug Safety Action Program, the Department of Alcohol and Other Drug Abuse Services shall notify the department, and the provisional driver's license issued by the department must be revoked, and the suspension imposed for the full periods period specified in Section 56-5-2990, the suspension to which shall begin on date of notification to the individual."
B. Section 56-5-2990 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2990. (A) The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail; two years for the third conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385.
(B) Any person whose license is suspended under the provisions of this section, Section 56-1-286, or 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall begin at least once a month. The person whose license is suspended must enroll in the first Alcohol and Drug Safety Action Program available after the date of enrollment.
(C) The applicant shall bear the costs of the services to be determined by the Alcohol and Drug Safety Action Program and approved by the Department of Alcohol and Other Drug Abuse Services. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services. No applicant may be denied services due to an inability to pay. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed services within six months of the date of enrollment or shall certify that the person is making satisfactory progress toward completion of the program. Inability to pay for services may not be used as a factor in determining if the applicant has successfully completed services. An applicant who is unable to pay for services shall perform fifty hours of community service as arranged by the Alcohol and Drug Safety Action Program, which may use the completion of this community service as a factor in determining if the applicant has successfully completed services. The Department of Alcohol and Other Drug Abuse Services will report annually to the House Ways and Means Committee and Senate Finance Committee on the number of first and multiple offenders completing the Alcohol and Drug Safety Action Program, the amount of fees collected and expenses incurred by each Alcohol and Drug Safety Action Program, and the number of community service hours performed in lieu of payment.
(D) If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program within six months one year of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program whose decision is appealable to the Department of Alcohol and Other Drug Abuse Services. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program, the department may restore the privilege to drive a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
(E) The department and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing, or otherwise. These procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department.
(F) Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930, or for the violation of any other law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."
C. Section 56-5-2951(L), (M), (N), (O), and (P) of the 1976 Code, as last amended by Act No. 434 of 1998, are further amended to read:
(L) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension under subsection (J) has concluded, even if the person has not yet completed the Alcohol and Drug Safety Action Program in which he is enrolled. After the person's driving privilege is restored, he must continue to attend classes for the Alcohol and Drug Safety Action Program in which he is enrolled. If the person withdraws from or in any way stops making satisfactory progress towards the completion of the Alcohol and Drug Safety Action Program, the person's license shall be suspended until the completion of the Alcohol and Drug Safety Action Program. A person must be enrolled in or have completed an Alcohol and Drug Safety Action Program pursuant to subsection (A) before his driving privilege can be restored at the conclusion of the suspension period.
(M) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the provisions of this section, the department must give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit.
(M) (N) The department shall not suspend the privilege to drive of a person under the age of twenty-one pursuant to Section 56-1-286 if the person's privilege to drive has been suspended under this section arising from the same incident.
(N) (O) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.
(O) (P) An insurer may not increase premiums on or add surcharges to the automobile insurance of a person charged with a violation of Sections 56-1-286, 56-5-2930, or 56-5-2945 or any other law of this State or another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or any other drug unless he is convicted of the violation.
(P) (Q) The department shall administer the provisions of this section and shall promulgate regulations necessary to carry out its provisions."
D. This section takes effect July 1, 1999.
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING AND FISHING LICENSES SO AS TO INCREASE THE FEE FOR A COMBINATION HUNTING AND FISHING LICENSE FOR RESIDENTS FROM SEVENTEEN DOLLARS TO TWENTY DOLLARS AND TO INCREASE FROM ONE DOLLAR TO TWO DOLLARS THE AMOUNT THAT THE ISSUING AGENT MAY RETAIN AND TO INCREASE THE NON-RESIDENTIAL HUNTING LICENSE FEE FROM SEVENTY-FIVE TO ONE HUNDRED DOLLARS
A. Section 50-9-510(3) and (6) of the 1976 Code, as last amended by Act 372 of 1996, are further amended to read:
"(3) For the privilege of hunting and fishing, including the privilege of hunting big game throughout South Carolina, a resident of the State shall purchase a combination fishing and hunting license for seventeen twenty dollars, of which one dollar two dollars may be retained by the issuing agent.
(6) For the privilege of hunting throughout South Carolina July first through June thirtieth, a nonresident shall purchase an annual statewide license for seventy-five one hundred dollars, of which two dollars may be retained by the issuing agent."
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSES AUTHORIZED FOR SALE, SO AS TO INCREASE THE FEE FOR A SPORTSMAN LICENSE, FROM FORTY-FOUR TO FIFTY DOLLARS, AND TO INCREASE THE AMOUNT THAT MAY BE RETAINED BY THE ISSUING AGENT FROM ONE TO TWO DOLLARS.
A. Section 50-9-510(4) of the 1976 Code, as last amended by Act 372 of 1996, is further amended to read:
"(4) For the privilege of hunting and fishing throughout South Carolina, including the privileges of hunting big game and hunting on wildlife management area land, a resident of the State shall purchase a sportsman license for forty-four fifty dollars, of which one dollar two dollars may be retained by the issuing agent."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO RAISE THE LICENSE FEE FOR A BIG GAME PERMIT FROM EIGHTY DOLLARS TO EIGHTY-NINE DOLLARS WITH TWO DOLLARS RATHER THAN ONE DOLLAR TO BE RETAINED BY THE ISSUING AGENT.
A. Section 50-9-510(10) of the 1976 Code is amended to read:
"(10) For the privilege of hunting big game including deer, bear, and turkey throughout South Carolina, a nonresident shall purchase a big game permit in addition to the required nonresident hunter's license for eighty eighty-nine dollars, of which one dollar two dollars may be retained by the issuing agent."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 51-17-115 OF THE 1976 CODE, AS AMENDED, RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE HERITAGE LAND TRUST FUND, SO AS TO DELETE LIMITATIONS ON THE AMOUNT OF MANAGEMENT EXPENDITURES THAT MAY BE MADE FROM THE FUND IN ANY FISCAL YEAR.
A. Section 51-17-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 51-17-115. There is created the Heritage Land Trust Fund, which must be kept separate from other funds of the State. The fund must be administered by the board of the department for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas, and for the development of minimal facilities and management necessary for the protection of the essential character of priority areas. Expenditures under this section for management may not exceed ten percent of revenues to the fund in any fiscal year.
Unexpended balances, including interest derived from the fund, must be carried forward each year and used only for the purposes provided in this chapter.
No fund money may be expended to acquire interest in property by eminent domain nor may the funds be expended to acquire interest in property without a recommendation of the Heritage Trust Advisory Board and the approval of the State Budget and Control Board.
The board of the department shall report by letter to the presiding officers of the General Assembly not later than January fifteenth each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied.
The fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Reimbursement for monies expended from this fund must be deposited in this fund. Funds received through sale, exchange, or otherwise of any Heritage Preserve acquired under this section, or products of the Preserve such as timber, utility easement rights, and the like, accrue to the fund."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 23-31-216 OF THE 1976 CODE, RELATING TO THE COLLECTION OF CONCEALABLE WEAPON FEES BY THE STATE LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL COLLECT, RETAIN, AND CARRY FORWARD ALL FEES ASSOCIATED WITH THE CONCEALABLE WEAPON PERMIT PROGRAM.
A. "Section 23-31-216, of the 1976 Code, of the 1976 Code, as added by Act 39 of 1997, is amended to read:
"Section 23-31-216. The State Law Enforcement Division shall collect, and maintain retain, and carry forward all fees associated with the concealable weapon application, renewal, and replacement fees of the permit, as provided for in this article, to offset the expenses related to the administration of this article."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 41-27-410 OF THE 1976 CODE, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE, IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-50, RELATING TO THE DETERMINATION OF RATES AND VOLUNTARY PAYMENTS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE, PROVIDE FOR THE SCHEDULE OF DETERMINED RATES FOR CALENDAR YEARS COMMENCING WITH THE YEAR 2000, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 41-31-60, RELATING TO EMPLOYMENT SECURITY, THE APPLICABLE RATE WHERE A DELINQUENT REPORT IS RECEIVED, AND THE PROVISION THAT THERE SHALL BE NO REDUCTION PERMITTED IN THE RATE WHEN EXECUTION FOR THE UNPAID TAX IS OUTSTANDING, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND SECTION 41-31-80, RELATING TO EMPLOYMENT SECURITY AND THE STATEWIDE RESERVE RATIO, SO AS TO PROVIDE THAT, FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS PRIOR TO CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR EQUALS OR EXCEEDS THREE AND ONE-HALF PERCENT, CONTRIBUTION RATES APPLICABLE TO THE ENSUING CALENDAR YEAR ARE COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50, AND PROVIDE THAT, FOR THE BASE RATE COMPUTATIONS MADE FOR YEARS COMMENCING WITH CALENDAR YEAR 2000, WHEN THE STATEWIDE RESERVE RATIO COMPUTED DURING ANY CALENDAR YEAR IS LESS THAN TWO PERCENT, ALL CONTRIBUTION BASE RATES AS COMPUTED IN ACCORDANCE WITH SECTIONS 41-31-40 AND 41-31-50 ARE ADJUSTED IN ACCORDANCE WITH THE PROVIDED SCHEDULE; TO AMEND SECTION 41-31-110, RELATING TO EMPLOYMENT SECURITY AND THE COMPUTATION OF RATES APPLICABLE TO SUCCESSORS, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; AND TO AMEND SECTION 41-31-670, RELATING TO EMPLOYMENT SECURITY, FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT ORGANIZATIONS, AND SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE REGULAR CONTRIBUTIONS PRIOR TO JANUARY 1, 1969, SO AS TO PROVIDE THAT EMPLOYER'S RATE MEANS EMPLOYER'S BASE RATE.
A. Section 41-27-410 of the 1976 Code is amended to read:
"Section 41-27-410. Effective January 1, 1986, the employment security administrative contingency assessment is an assessment of six one-hundredths of one percent to be assessed upon the wages as defined in Section 41-27-380(2) of all employers except those who have either elected to make payments in lieu of contributions as defined in Section 41-31-620 or are liable for the payment of contributions as defined in Section 41-31-620 or are liable for the payment of contributions and are classified as a state agency or any political subdivision or any instrumentality of the political subdivision as defined in Section 41-27-230(2) or have been assigned a contribution base rate of five and four-tenths percent."
B. Section 41-31-10 of the 1976 Code is amended to read:
"Section 41-31-10. (A) Each employer shall pay contributions equal to five and four-tenths percent of wages paid by him during each year except as may be otherwise provided in Chapters 27 through 41 of this title.
(B) For calendar year 2000 and subsequent years, employers subject to the payment of contributions are subject also to an adjustment over and above their base rate, if required by Section 41-31-80(2)."
C. Section 41-31-40 of the 1976 Code is amended to read:
"Section 41-31-40. Each employer's base rate for the twelve months commencing January first of any calendar year is determined in accordance with Section 41-31-50 on the basis of his record up to July first of the preceding calendar year, but no employer's base rate is less than two and sixty-four hundredths percent until there have been twenty-four consecutive months of coverage after first becoming liable for contributions under Chapters 27 through 41 of this title. Each employer who completes twenty-four consecutive calendar months of coverage after first becoming liable for contributions under the chapters during the current calendar year shall have a base rate computed at the beginning of the calendar quarter following the calendar quarter during which twenty-four consecutive months of coverage are completed based on the employer's experience through the preceding quarter. The base rate computed in accordance with Section 41-31-50 is applicable for the remainder of the current calendar year. For those employers completing the twenty-four months of coverage during the current calendar year, a new base rate for the succeeding calendar year is determined on the basis of their records through December thirty-first of the current year."
D. Section 41-31-50 of the 1976 Code is amended to read:
"Section 41-31-50. Each employer eligible for a rate computation shall have his base rate determined in the following manner:
(1) If, on the computation date as of which an employer's base rate is to be computed, as provided in Section 41-31-40, the total of all his contributions paid on his own behalf for all past periods exceeds the total benefits charged to his account for all the periods his contribution base rate for the period specified in Section 41-31-40 is, except for the provisions of Section 41-31-80, as follows:
(a) With respect to the calendar year 1973:
(i) two and thirty-five hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;
(ii) two percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;
(iii) one and sixty-five hundredths percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payroll;
(iv) one and thirty hundredths percent, if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;
(v) ninety-five hundredths of one percent, if the excess equals or exceeds nine percent but is less than ten percent of his most recent annual payroll;
(vi) six-tenths of one percent, if the excess equals or exceeds ten percent but is less than eleven percent of his most recent annual payroll;
(vii) twenty-five hundredths of one percent, if the excess equals or exceeds eleven percent of his most recent annual payroll.
(b) With respect to calendar years 1974 through 1985:
(i) two and thirty-five hundredths percent, if the excess equals or exceeds three percent but is less than four percent of his most recent annual payroll;
(ii) two percent, if the excess equals or exceeds four percent but is less than five percent of his most recent annual payroll;
(iii) one and sixty-five hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;
(iv) one and thirty hundredths percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;
(v) ninety-five hundredths of one percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payroll;
(vi) six-tenths of one percent, if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;
(vii) twenty-five hundredths of one percent, if the excess equals or exceeds nine percent of his most recent annual payroll.
(c) With respect to any calendar year commencing with the calendar year 1986:
(i) two and twenty-nine hundredths percent, if the excess equals or exceeds three percent but is less than four percent of his most recent annual payroll;
(ii) one and ninety-four hundredths percent, if the excess equals or exceeds four percent but is less than five percent of his most recent annual payroll;
(iii) one and fifty-nine hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;
(iv) one and twenty-four hundredths percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;
(v) eighty-nine hundredths of one percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payroll;
(vi) fifty-four hundredths of one percent if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;
(vii) nineteen hundredths of one percent, if the excess equals or exceeds nine percent of his most recent annual payroll.
(d) With respect to any calendar year commencing with the calendar year 2000:
(i) two and sixty-four hundredths percent, if the excess is less than four percent of his most recent annual payroll;
(ii) two and twenty-nine hundredths percent, if the excess equals or exceeds four percent but is less than five percent of his most recent annual payroll;
(iii) one and ninety-four hundredths percent, if the excess equals or exceeds five percent but is less than six percent of his most recent annual payroll;
(iv) one and fifty-nine hundredths percent, if the excess equals or exceeds six percent but is less than seven percent of his most recent annual payroll;
(v) one and twenty-four hundredths percent, if the excess equals or exceeds seven percent but is less than eight percent of his most recent annual payrolls;
(vi) eighty-nine hundredths percent, if the excess equals or exceeds eight percent but is less than nine percent of his most recent annual payroll;
(vii) fifty-four hundredths percent, if the excess equals or exceeds nine percent of his most recent annual payroll.
(2) If, on the computation date as of which an employer's base rate is to be computed, as provided in Section 41-31-40, the total of all his contributions paid on his own behalf for all past periods is less than the total benefits charged to his account for all the periods his contribution base rate for the period specified in Section 41-31-40 is, except for the provisions of Section 41-31-80, as follows:
(a) With respect to any calendar year prior to the calendar year 1985:
(i) three and five hundredths percent, if the deficit equals five percent but is less than ten percent of his most recent annual payroll;
(ii) three and forty hundredths percent, if the deficit equals ten percent but is less than fifteen percent of his most recent annual payroll;
(iii) three and seventy-five hundredths percent, if the deficit equals fifteen percent but is less than twenty percent of his most recent annual payroll;
(iv) four and ten hundredths percent, if the deficit equals or exceeds twenty percent of his most recent annual payroll.
(b) With respect to the calendar year 1985:
(i) three and five hundredths percent, if the deficit equals five percent but is less than ten percent of his most recent annual payroll;
(ii) three and forty hundredths percent, if the deficit equals ten percent but is less than fifteen percent of his most recent annual payroll;
(iii) three and seventy-five hundredths percent, if the deficit equals fifteen percent but is less than twenty percent of his most recent annual payroll;
(iv) four and ten hundredths percent, if the deficit equals twenty percent but is less than twenty-five percent of his most recent annual payroll;
(v) four and forty-five hundredths percent, if the deficit equals twenty-five percent but is less than thirty percent of his most recent annual payroll;
(vi) four and eighty hundredths percent, if the deficit equals thirty percent but is less than thirty-five percent of his most recent annual payroll;
(vii) five and fifteen hundredths percent, if the deficit equals thirty-five percent but is less than forty percent of his most recent annual payroll;
(viii) five and forty hundredths percent, if the deficit equals or exceeds forty percent of his most recent annual payroll.
(c) With respect to any calendar year commencing with the calendar year 1986:
(i) two and sixty-four hundredths percent, if the deficit is less than five percent of his most recent annual payroll;
( i) (ii) two and ninety-nine hundredths percent if the deficit equals or exceeds five percent but is less than ten percent of his most recent annual payroll;
(ii)(iii) three and thirty-four hundredths percent if the deficit equals or exceeds ten percent but is less than fifteen percent of his most recent annual payroll;
(iii)(iv) three and sixty-nine hundredths percent if the deficit equals or exceeds fifteen percent but is less than twenty percent of his most recent annual payroll;
(iv)(v) four and four hundredths percent if the deficit equals or exceeds twenty percent but is less than twenty-five percent of his most recent annual payroll;
(v)(vi) four and thirty-nine hundredths percent if the deficit equals or exceeds twenty-five percent but is less than thirty percent of his most recent annual payroll;
(vi)(vii) four and seventy-four hundredths percent if the deficit equals or exceeds thirty percent but is less than thirty-five percent of his most recent annual payroll;
(vii)(viii) five and nine hundredths percent if the deficit equals or exceeds thirty-five percent but is less than forty percent of his most recent annual payroll;
(viii)(ix) five and forty hundredths percent, if the deficit equals or exceeds forty percent of his most recent annual payroll.
(3) In determining an employer's contribution rate, contributions for the quarter immediately preceding the computation date are considered as paid before the computation date if they are paid by the employer on or before the end of the month following the quarter or within any period of grace allowed by the Commission for payment of the quarter's contribution.
(4) For calendar year 1986 and any subsequent calendar year, voluntary payments are not permitted for the purpose of obtaining a lower rate of required contributions."
E. Section 41-31-60 of the 1976 Code is amended to read:
"Section 41-31-60. (1) If on the computation date upon which an employer's base rate is to be computed as provided in Section 41-31-40 there is a delinquent report, a base rate of five and four-tenths percent must be assigned until the next computation date. The assigned base rate is applicable for the entire period for which the computation is made even though the delinquent report is subsequently received.
(2) No employer is permitted to pay his unemployment compensation tax at a reduced base rate for any quarter when a tax execution issued in accordance with Section 41-31-390 with respect to delinquent unemployment compensation tax for a previous quarter is unpaid and outstanding against the employer. If on the computation date upon which an employer's base rate is computed as provided in Section 41-31-40 there is an outstanding tax execution, a base rate of two and sixty-four hundredths percent must be assigned for the period to which the computation applies. If the base rate for the prior year or the computed base rate for the computation period is greater than two and sixty-four hundredths percent, the highest base rate must be assigned until the next computation date or until such time as any outstanding tax execution has been paid."
F. Section 41-31-80 of the 1976 Code is amended to read:
"Section 41-31-80. A statewide reserve ratio must be computed once each year by adding to the total unemployment compensation fund on June thirtieth all contributions and interest received on or before July thirty-first and dividing the result so obtained by the sum of the total wages reported by contributing employers on their contribution reports received by the commission during the twelve-month period ending September thirtieth of the current year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for expenses of administration, whether or not withdrawn from the trust fund, is excluded from the unemployment fund balance in computing the statewide reserve ratio. Any amount due and payable as a payment in lieu of contributions by a nonprofit organization as provided in Section 41-31-630, the State of South Carolina, or the Federal Government must be added to the total unemployment compensation fund for the purposes of the computations required by this section.
(1) For the base rate computations made for years prior to the calendar year 2000, When when the statewide reserve ratio computed during any calendar year equals or exceeds three and one-half percent, contribution rates applicable to the following calendar year are computed in accordance with Sections 41-31-40 and 41-31-50. When the statewide reserve ratio computed during any calendar year is less than three and one-half percent, all contribution rates applicable to the following calendar year are increased over those computed in accordance with Sections 41-31-40 and 41-31-50 as follows:
(1)(a) thirty-five hundredths of one percent, if the statewide reserve ratio equals or exceeds three percent but is less than three and one-half percent;
(2)(b) seven-tenths of one percent, if the statewide reserve ratio equals or exceeds two and one-half percent but is less than three percent; and
(3)(c) one and five hundredths percent, if the statewide reserve ratio is less than two and one-half percent.
This section does not apply to any employer whose contribution rate is more than two and sixty-four hundredths percent, and no employer's rate shall exceed two and sixty-four hundredths percent by reason of the application of this section.
(2) For the base rate computations made for years commencing with calendar year 2000, when the statewide reserve ratio computed during any calendar year is less than two percent, all contribution base rates as computed in accordance with Sections 41-31-40 and 41-31-50 are adjusted as follows:
(a) one-tenth percent, if the statewide reserve ratio is less than two percent but not less than one and nine-tenths percent;
(b) two-tenths percent, if the statewide reserve ratio is less than one and nine-tenths percent but not less than one and eight-tenths percent;
(c) three-tenths percent, if the statewide reserve ratio is less than one and eight-tenths percent but not less than one and seven-tenths percent;
(d) four-tenths percent, if the statewide reserve ratio is less than one and seven-tenths percent but not less than one and six-tenths percent;
(e) five-tenths percent, if the statewide reserve ratio is less than one and six-tenths percent but not less than one and five-tenths percent;
(f) six-tenths percent, if the statewide reserve ratio is less than one and five-tenths percent but not less than one and four-tenths percent;
(g) seven-tenths percent, if the statewide reserve ratio is less than one and four-tenths percent."
G. Section 41-31-110 of the 1976 Code is amended to read:
"Section 41-31-110. Whenever any person or other legal entity has in any manner succeeded to or has acquired substantially all or a distinct and severable portion of the business of another, as provided in Sections 41-31-100 and 41-31-120, the base rates of contributions are computed as follows:
(a) If the successor is not already an employer at the time of the acquisition, the base rate of contributions applicable to the predecessor employer with respect to the period immediately preceding the date of acquisition, if there is only one predecessor employer, shall apply to the successor employer for the remainder of the calendar year. The base rate for the subsequent calendar year is computed based upon the employment benefit experience record of the predecessor or upon the combined employment benefit experience record of the predecessor and the successor, if applicable, as of June thirtieth of the year in which the acquisition occurred.
(b) If the successor is not already an employer at the time of the acquisition and there is more than one transferring employer with a different base rate, the successor employer is assigned the base rate of that transferring employer who has the highest base rate with the base rate being applicable until the end of the quarter in which the succession occurs.
(c) If the successor is already an employer at the time of the acquisition, the base rate of contributions applicable at the time of the acquisition to the successor employer shall continue to be applicable until the end of the quarter in which succession occurs.
For the purposes of subsections items (b) and (c), the base rate as assigned continues in effect until the first day of the next calendar quarter immediately following the acquisition, at which time the commission shall compute a base rate based upon the combination of that portion of the employment benefit experience record acquired from the predecessor with the employment benefit experience record of the successor, subject to the provisions of this article, which base rate is applicable to the successor from the first day of the quarter for the remainder of the calendar year. If the acquisition occurred prior to July first, the base rate for the subsequent calendar year is computed based upon the combined employment benefit experience record as of June thirtieth of the year in which the acquisition occurred; if the acquisition occurred subsequent to June thirtieth, the base rate for the subsequent calendar year is computed based upon the combined employment benefit experience record as of December thirty-first. All base rates thereafter are computed upon the basis of the combined employment benefit experience record and at such time as provided in Section 41-31-40."
H. Section 41-31-670(2) of the 1976 Code is amended to read:
"(2) Any nonprofit organization which has elected to become liable for payments in lieu of contributions under the provisions of Sections 41-31-620 and 41-31-630 and thereafter terminates the election shall become an employer liable for the payments of contributions upon the effective date of the termination but no such employer's base rate thereafter may be less than two and sixty-four hundredths percent until there have been twenty-four consecutive calendar months of coverage after so becoming liable for the payment of contributions. If the employer has been an employer liable for the payment of contributions prior to election to become liable for payments in lieu of contributions the balance in the experience rating account of the employer as of the termination date of the election to become liable for payments in lieu of contributions is transferred to the new experience rating account then established for the employer."
TO AMEND SECTION 4-12-30, AS AMENDED, OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR THE FEE IN LIEU OF TAXES, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS; AND TO AMEND SECTION 12-44-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO REDUCE FROM FIVE MILLION DOLLARS TO ONE MILLION DOLLARS THE MINIMUM INVESTMENT THRESHOLD FOR ELIGIBILITY FOR THE FEE IN A COUNTY WITH AVERAGE UNEMPLOYMENT OF AT LEAST TWICE THE STATE AVERAGE DURING THE LAST TWO CALENDAR YEARS.
A. Section 4-12-30(B)(3) of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"(3) The minimum level of investment must be at least five million dollars and must be invested within the time period provided in subsection (C)(2). If a county has an average annual unemployment rate of at least twice the state average during each of the last two calendar years, the minimum level of investment is one million dollars."
B. Section 12-44-30(14) of the 1976 Code, as added by Act 149 of 1997, is amended to read:
"(14) 'Minimum investment' means a project which results in a total investment by a sponsor of not less than five million dollars within the investment period. If a county has an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years, the minimum investment is one million dollars."
TO AMEND CHAPTER 45, TITLE 12 OF THE 1976 CODE, RELATING TO COUNTY TREASURERS AND THE COLLECTION OF TAXES, BY ADDING SECTION 12-45-85 SO AS TO PROVIDE FOR A LOCAL MATCH PERSONAL PROPERTY TAX RELIEF FUND COMPOSED OF MOTOR VEHICLE LICENSING AND REGISTRATION FEES NOT ALREADY CREDITED OTHERWISE AND MATCHING FUNDS FROM COUNTIES, AND TO PROVIDE FOR THE USE OF THE FUNDS TO REDUCE AD VALOREM TAX ON PERSONAL MOTOR VEHICLES.
A. Chapter 45, Title 12 of the 1976 Code is amended by adding:
"Section 12-45-85. (A) There is established in the State Treasury a separate and distinct fund to be known as the Local Match Personal Property Tax Relief Fund. An amount equivalent to all revenue from motor vehicle licensing and registration fees collected pursuant to Chapter 3 of Title 56 of the 1976 Code, except for the fees collected under Section 56-3-660, 56-3-670 and 56-3-840 must be credited to the fund. All monies deposited to this fund must be accounted for separately and any interest accruing from the investment of the monies on deposit with the fund must be credited to the fund and used for the same purpose as the principle. The fund must be used to make allocations available to the several counties for the purpose of assisting the counties in reducing the ad valorem tax on personal motor vehicles.
(B) The monies credited to the Local Match Personal Property Tax Relief Fund must be allocated annually to separate county accounts, one each established in the name of the forty-six counties. The monies must be divided and allocated to the various county accounts based on a ratio equal to the total number of personal motor vehicles registered in a county divided by the total number of personal motor vehicles registered statewide at the close of the preceding calendar year or fiscal year as determined by the State Treasurer. Allocations in the fund may be drawn on by a county in whole or in part and must be distributed by the State Treasurer under the following conditions:
(1) the county governing body must hold at least one public hearing to inform the citizenry that funds have been allocated in the Local Match Personal Property Tax Relief Fund and are available for distribution to the county for the purpose of reducing the ad valorem tax on personal motor vehicles;
(2) the county governing body must set aside an amount of funds equal to the amount to be drawn from the county allocation from revenues which are not derived from nor are the result of the imposition of a new fee or tax, and which are not derived from nor are the result of an increase in an existing fee or tax;
(3) the county must certify to the State Treasurer that it has held the required public hearing, that it has set aside an amount of funds equal to the amount the county intends to draw against the allocation it is eligible to receive from the Local Match Personal Property Tax Relief Fund, and that the funds set aside are from the existing county revenues and are for no other purpose but to match the allocation from the fund;
(4) the aggregate of the state allocation drawn from the fund and the local match must be used for the exclusive purpose of reducing the ad valorem tax on personal motor vehicles and must be distributed to eligible persons in an equitable manner based on the fair market value of the vehicle; and
(5) any allocation in a fiscal year which has not been drawn in accordance with the provisions of this item as of January 31 of the succeeding year must revert to the general fund and must be appropriated for tax relief as the General Assembly may direct.
(C) Beginning in fiscal year 1999-00, an amount equivalent to the fees collected pursuant to Chapter 3 of Title 56, except for Sections 56-3-660, 56-3-670 and 56-3-840, must be credited to the Local Match Personal Property Tax Relief Fund."
B. Subsections 12-45-85(A) and (C) of this section take effect June 30, 2000, and subsection 12-45-85(B) of this section takes effect July 1, 2001.
TO AMEND SECTION 11-43-130 OF THE 1976 CODE RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT, SO AS TO EXTEND THE DEFINITION OF "ELIGIBLE PROJECT" TO MASS TRANSIT, INCLUDING MONORAIL AND MONOBEAM TRANSPORTATION SYSTEMS; TO AMEND SECTION 11-43-140 RELATING TO THE BANK'S BOARD OF DIRECTORS, SO AS TO REQUIRE THE ADVICE AND CONSENT OF THE SENATE TO THE APPOINTMENT OF NONLEGISLATIVE DIRECTORS; TO AMEND SECTION 11-43-150 RELATING TO THE POWERS OF THE BANK, SO AS TO PROVIDE THAT THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT APPLY TO THE BANK, INCLUDING ITS POLICIES AND PROCEDURES FOR LENDING AND PROVIDING OTHER FINANCIAL ASSISTANCE; AND TO AMEND SECTION 11-43-160 RELATING TO SOURCES OF FUNDING FOR THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO REVISE THE CONTRIBUTION TO THE BANK BY THE DEPARTMENT OF TRANSPORTATION FROM A MAXIMUM ANNUAL CONTRIBUTION OF THREE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO AN AMOUNT NOT TO EXCEED THE REVENUE PRODUCED BY ONE CENT A GALLON OF THE TAX ON GASOLINE AND TO DELETE SPECIFIC PURPOSES FOR THE USE OF THE CONTRIBUTION.
A. Section 11-43-130(6) of the 1976 Code, as added by Act 148 of 1998, is amended to read:
"(6) 'Eligible project' means a highway, including bridges, or transit project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. 'Eligible project' also includes mass transit including, but not limited to, monorail and monobeam mass transit systems."
B. Section 11-43-140 of the 1976 Code, as added by Act 148 of 1998, is amended to read:
"Section 11-43-140. The board of directors is the governing board of the bank. The board consists of seven voting directors as follows: the Chairman of the Department of Transportation Commission, ex officio; one director two directors appointed by the Governor, one of whom he shall designate to who shall serve as chairman; one director appointed by the Governor; one director appointed by the Speaker of the House of Representatives; one member of the House of Representatives appointed by the Speaker, ex officio; one director appointed by the President Pro Tempore of the Senate; and one member of the Senate appointed by the President Pro Tempore of the Senate, ex officio. Appointments of nonlegislative members must be made with the advice and consent of the Senate. Directors appointed by the Governor, the Speaker, and the President Pro Tempore shall serve terms coterminous with those of their appointing authority. The terms for the legislative members are coterminous with their terms of office. The vice chairman must be elected by the board. Any person appointed to fill a vacancy must be appointed in the same manner as the original appointee for the remainder of the unexpired term."
C. Section 11-43-150 of the 1976 Code, as added by Act 148 of 1998, is amended by adding at the end:
"(C) The bank is subject to the provisions of Chapter 23 of Title 1, the Administrative Procedures Act, which extends to policies and procedures of the bank pursuant to Section 11-43-150(A)(9)(a)."
D. Section 11-43-160(A)(1) of the 1976 Code, as added by Act 148 of 1997, is amended to read:
"(1) an annual contribution set by the board of up to three percent of the funds appropriated for the construction and maintenance of state highways, however, the contribution must be used to match federal capitalization grants to the bank and to provide capital for the state accounts of the bank an amount not to exceed revenues produced by one cent a gallon of the tax on gasoline imposed pursuant to Section 12-28-310;"
E. This section takes effect July 1, 1999, and with the amendment to Section 11-43-140 of the 1976 Code as contained in this section, applies to bank directors appointed after June 30, 1999.
TO AMEND SECTION 12-6-1140, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A THREE HUNDRED DOLLAR DEDUCTION FOR TAXABLE YEAR 1999 AND FOR SUBSEQUENT TAXABLE YEARS FOR QUALIFYING VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS, AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-9-190 SO AS TO ESTABLISH A PERFORMANCE-BASED POINT SYSTEM FOR VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD MEMBERS UNDER THE ADMINISTRATION OF THE STATE FIRE MARSHAL USED TO DETERMINE ELIGIBILITY FOR THE TAX DEDUCTION ALLOWED BY THIS SECTION.
A. Section 12-6-1140 of the 1976 Code, as last amended by Act 419 of 1998, is further amended by adding an appropriately numbered item at the end to read:
"( ) Three hundred dollars for taxable year 1999 and for subsequent taxable years for a volunteer firefighter or rescue squad member. Only a volunteer earning a minimum number of points pursuant to Section 23-9-190 is eligible for this deduction."
B. Article 1, Chapter 9, Title 23 of the 1976 Code is amended by adding:
"Section 23-9-190. (A) The State Fire Marshal shall establish a performance-based point system for volunteer firefighters and rescue squad members. Members receiving annually a minimum number of points set by the Fire Marshal are eligible for the deduction allowed pursuant to Section 12-6-1140. Points must be awarded for a year as follows:
(1) Participation in approved training, including:
(a) Certified interior firefighter;
(b) Emergency vehicle driver training;
(c) Pump operations;
(d) Incident command systems;
(e) Rural water supply;
(f) Automobile extrication;
(g) Certified instructor training;
(h) Certified inspector training;
(i) Certified public fire education training;
(j) Officer training.
(2) Possessing a commercial or Class E driver's license;
(3) Participation in first aid/medical training such as:
(a) First responder;
(b) EMT--basic;
(c) EMT--intermediate;
(d) Paramedic.
(4) Participation in public fire education programs;
(5) Attendance at meetings;
(6) Station staffing; and
(7) Volunteer response.
(B) The Fire Marshal shall, in consultation with the South Carolina State Firemen's Association:
(1) Develop a standardized form and recordkeeping system and provide a master copy of all information and forms to each fire department and rescue squad in the State;
(2) Provide training to the various fire chiefs or rescue squad leaders on the use of the forms and the outline of the program;
(3) Advertise the availability of the program.
(C) The local fire chief/rescue squad leader shall:
(1) Provide written records to each member by January 31 of the year following the applicable tax year that shows the points obtained by each member for the previous tax year;
(2) Maintain a copy of records for each member for at least seven years;
(3) Certify the report for each member."
C. This section is effective for taxable years beginning after 1998.
TO AMEND SECTION 12-10-35 OF THE 1976 CODE, RELATING TO THE INCOME TAX MORATORIUM APPLICABLE IN CERTAIN COUNTIES FOR A QUALIFYING BUSINESS, SO AS TO ADD A COUNTY WHICH IS ONE OF THE THREE LOWEST PER CAPITA INCOME COUNTIES BASED ON THE AVERAGE OF SUCH INCOME IN THE THREE MOST RECENT YEARS TO THOSE COUNTIES IN WHICH A QUALIFYING BUSINESS IS ELIGIBLE FOR THE MORATORIUM.
A. Section 12-10-35 of the 1976 Code, as added by Act 419 of 1998, is amended to read:
"Section 12-10-35. (A) If a qualifying business creates at least one hundred new full-time jobs, as defined in Section 12-6-3360(F), in a county (1) with an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years, or (2) which is one of the three lowest per capita income counties based on the average of the three most recent years of average per capita income data, and at least ninety percent of the qualifying businesses' investment in this State is in such a county, then the company is allowed a moratorium on state corporate income taxes imposed pursuant to Section 12-6-530 for the company's first ten taxable years beginning with the taxable year after it first qualifies. The moratorium applies to that portion of the company's corporate income tax that represents the ratio that the company's new investment is of its total investment in this State.
(B) If at least two hundred new full-time jobs are added, the moratorium period is fifteen taxable years."
B. This section applies for taxable years beginning after 1998.
TO AMEND SECTION 12-6-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RETIREMENT INCOME DEDUCTION AND THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE, SO AS TO INCREASE THE TAXABLE INCOME DEDUCTION ALLOWED INDIVIDUAL TAXPAYERS WHO HAVE ATTAINED AGE SIXTY-FIVE FROM ELEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS.
A. Section 12-6-1170(B) of the 1976 Code, as last amended by Section 49 I.B., Part II, Act 419 of 1998, is further amended to read:
"(B) Beginning for the taxable year during which a resident individual taxpayer attains the age of sixty-five years, the resident individual taxpayer is allowed a deduction from South Carolina taxable income received in an amount not to exceed eleven fifteen thousand five hundred dollars reduced by any amount the taxpayer deducts pursuant to subsection (A) not including amounts deducted as a surviving spouse. If married taxpayers eligible for this deduction file a joint federal income tax return, then the maximum deduction allowed is eleven fifteen thousand five hundred dollars in the case when only one spouse has attained the age of sixty-five years and twenty-three thirty thousand dollars when both spouses have attained such age."
B. This section applies for taxable years beginning after 1998.
TO AMEND SECTION 12-36-90, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTIBLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTIBLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED.
A. Section 12-36-90(2) of the 1976 Code, as last amended by Act 431 of 1996, is further amended by adding an appropriately lettered item at the end to read:
"( ) the sales price, not including sales tax, of property on sales which are actually charged off as bad debts or uncollectible accounts for state income tax purposes. A taxpayer who pays the tax on the unpaid balance of an account which has been found to be worthless and is actually charged off for state income tax purposes may take credit for the tax paid on a return filed pursuant to this chapter, except that if an amount charged off is later paid in whole or in part to the taxpayer, the amount paid must be included in the first return filed after the collection and the tax paid."
B. This section applies for debt incurred after 1999.
TO AMEND SECTION 43-5-1135, AS AMENDED, OF THE 1976 CODE, RELATING TO THE GOAL TO RECRUIT AND HIRE INTO PUBLIC SECTOR JOBS COVERED BY THE SOUTH CAROLINA RETIREMENT SYSTEM PERSONS RECEIVING FAMILY INDEPENDENCE OR FOOD STAMP ASSISTANCE, SO AS TO REQUIRE AGENCIES TO REPORT THESE HIRES TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES RATHER THAN TO THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD.
A. Section 43-5-1135 of the 1976 Code, as last amended by Act 133 of 1997, is further amended to read:
"Section 43-5-1135. Each agency which is a member of the South Carolina Retirement System shall establish recruitment and hiring goals which shall target ten percent of all jobs requiring a high school diploma or less to be filled with family independence or food stamp recipients. A question concerning receipt of family independence benefits or food stamps may be added to the state employment application for purposes of targeting these applicants. Each agency annually shall report to the State Office of Human Resources South Carolina Department of Social Services the number of family independence and food stamp recipients employed in comparison to the established goal."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 8-19-15 SO AS TO REQUIRE ALL GRANT-IN-AID STATE AGENCIES REQUIRED BY FEDERAL LAW TO OPERATE UNDER MERIT PRINCIPLES IN PERSONNEL POLICIES AS A CONDITION OF RECEIVING FEDERAL GRANTS TO ESTABLISH THOSE MERIT POLICIES AND PROCEDURES NECESSARY TO ENSURE COMPLIANCE WITH THE FEDERAL MERIT PRINCIPLES REQUIREMENTS, AND TO REPEAL SECTIONS 8-19-10, 8-19-20, 8-19-30, 8-19-40, 8-19-50, 8-19-55, AND 8-19-60, ALL OBSOLETE PROVISIONS RELATING TO THE "SINGLE COOPERATIVE INTERAGENCY MERIT SYSTEM OF PERSONNEL ADMINISTRATION" ESTABLISHED FOR GRANT-AIDED AGENCIES IN THE STATE.
A. Chapter 19, Title 8 of the 1976 Code is amended by adding:
"Section 8-19-15. A grant-in-aid agency required by federal law to operate under merit principles in the administration of its personnel programs as a condition of receiving federal grants, shall establish those policies and procedures necessary to assure compliance with the federal merit principles requirements."
B. Sections 8-19-10, 8-19-20, 8-19-30, 8-19-40, 8-19-50, 8-19-55, and 8-19-60 of the 1976 Code are repealed.
C. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-197 SO AS TO PROVIDE THAT EMPLOYER-PAID REIMBURSEMENTS OF MILEAGE EXPENSES INCURRED IN THE COURSE OF OFFICIAL BUSINESS BY STATE OFFICERS AND EMPLOYEES MUST BE AT A PER MILE RATE THAT IS EQUAL TO THE STANDARD BUSINESS MILEAGE RATE ESTABLISHED BY THE INTERNAL REVENUE SERVICE AS THAT RATE IS PERIODICALLY ADJUSTED.
A. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding: B.
"Section 8-11-197. Employer-paid reimbursements paid to a state officer or employee for mileage expenses incurred in the performance of official duties must be paid at a per mile rate that is equal to the standard business mileage rate established by the Internal Revenue Service as that rate is periodically adjusted by the Internal Revenue Service."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 56-1-2070, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROHIBITION AGAINST AND EXCEPTIONS TO THE PROVISIONS RELATING TO THE DRIVING OF A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID COMMERCIAL DRIVER LICENSE, SO AS TO SUBSTITUTE "OFFICE OF THE ADJUTANT GENERAL OF SOUTH CAROLINA" FOR "NATIONAL GUARD", TO REVISE THE CIRCUMSTANCES IN WHICH MILITARY PERSONNEL MAY OPERATE A GOVERNMENT-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE, AND TO PROVIDE THAT MILITARY PERSONNEL MAY OPERATE A STATE-OWNED MOTOR VEHICLE WITHOUT A COMMERCIAL DRIVER LICENSE.
A. Section 56-1-2070(C)(1) of the 1976 Code, as amended by Act 258 of 1998, is further amended to read:
"(1) active duty military personnel and reservists and National Guard Office of the Adjutant General of South Carolina members who are on active duty acting in an official capacity while operating vehicles owned by the United States or the state government, unless they are required by the owner of the vehicle to have a valid state driver's license;"
B. This section takes effect July 1, 1999.
TO AMEND SECTION 59-67-510 OF THE 1976 CODE, RELATING TO THE USE OF SCHOOL BUS EQUIPMENT FOR THE TRANSPORTATION OF INDIVIDUALS FOR SPECIAL EVENTS AND EDUCATIONAL PURPOSES, SO AS TO PROVIDE THAT SCHOOL BUS EQUIPMENT MAY BE USED FOR TRANSPORTATION IN CONNECTION WITH OFFICIAL FUNCTIONS BY THE SOUTH CAROLINA MILITARY DEPARTMENT AND THE RESERVE COMPONENTS OF THE UNITED ARMED FORCES AND PROVIDE FOR REIMBURSEMENT FOR THE BUSES USE.
A. Section 59-67-510 of the 1976 Code is amended to read:
"Section 59-67-510. County boards of education may permit the use of school bus equipment for transportation in connection with athletic events, boys' and girls' clubs, special events in connection with the schools, official functions by the office of the Adjutant General of South Carolina, and the Reserve Components of the United States Armed Forces which must reimburse the boards of education, at least, for the costs of use of the buses, including depreciation, and such other educational purposes as may appear proper to the respective boards."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-115, SO AS TO REQUIRE PROCEEDS OF THE SALE OF REAL PROPERTY TITLED TO OR UNDER THE CARE AND CONTROL OF THE STATE BUDGET AND CONTROL BOARD TO BE DEPOSITED TO THE CREDIT OF THE SINKING FUND AND USED BY THE BOARD TO ACQUIRE AND MAINTAIN FACILITIES OWNED BY IT FOR THE USE AND OCCUPANCY OF STATE DEPARTMENTS AND AGENCIES.
A. Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:
"Section 1-11-115. All proceeds from the sale of real property titled to or subject to the care and control of the State Budget and Control Board must be deposited to the credit of the Sinking Fund and used by the board for the acquisition and maintenance of facilities owned by it for the use and occupancy of state departments and agencies."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 59-40-90 OF THE 1976 CODE, RELATING TO THE APPEAL TO THE STATE BOARD OF EDUCATION OF THE DECISION OF A LOCAL SCHOOL BOARD CONCERNING A CHARTER SCHOOL, SO AS TO EXTEND FROM THIRTY TO SIXTY DAYS THE TIME THE STATE BOARD OF EDUCATION HAS TO REVIEW THE DECISION AND MAKE FINDINGS.
Section 59-40-90(C)(1) of the 1976 Code, as added by Act 447 of 1996, is amended to read:
"(1) within thirty sixty days after receipt of the notice of appeal or the making of a motion to review by the State Board of Education and after reasonable public notice, the State Board of Education, at a public hearing which may be held in the district where the proposed charter school is located, shall review the decision of the local school board of trustees and make its findings known. The state board may affirm, reverse, or remand the application for action by the local board in accordance with an order of the state board. If the state board remands the application, it shall do so with written instructions for reconsideration. These instructions shall include specific recommendations concerning the matters requiring reconsideration;"
TO AMEND SECTION 59-20-60, AS AMENDED, OF THE 1976 CODE, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT AND THE EDUCATION FINANCE REVIEW COMMITTEE, SO AS TO PROVIDE THAT AN INDEPENDENT STUDY OF THE AREAS OF INVESTIGATION SHALL SERVE AS THE BASIS FOR REVIEW BY THE COMMITTEE AND TO REQUIRE THE FINDINGS OF THE COMMITTEE TO BE REPORTED TO THE GENERAL ASSEMBLY BY DECEMBER 1, 2000.
Section 59-20-60(10) of the 1976 Code is amended to read:
"(10) A twelve-member Education Finance Review Committee must be established to advise the General Assembly and review its implementation of this chapter. This advice and review may include, but not be limited to:
(a) the cost of the defined minimum program;
(b) provisions included in the defined minimum program;
(c) the pupil classification weights in Section 59-20-40;
(d) the formula for computing required local effort;
(e) the ongoing evaluation of the education program needs of the school districts.
The committee must shall be made up of three representatives from each of the following committees of the General Assembly - : Senate Education, Senate Finance, House Education and Public Works, and House Ways and Means - appointed by each respective chairman. The committee shall seek the advice of professional educators and all other interested persons when formulating its recommendations.
An independent study of the areas of investigation shall serve as the basis for the review by the committee. The committee's findings must be reported to the General Assembly by December 1, 2000."
TO AMEND THE 1976 CODE BY ADDING SECTION 59-5-135 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF EDUCATION THE GOVERNOR'S INSTITUTE OF READING AND TO PROVIDE FOR THE FUNCTIONS OF THE INSTITUTE AND ITS FUNDING.
The 1976 Code is amended by adding:
"Section 59-5-135. (A) The General Assembly finds that:
(1) reading is the most important academic skill and the basis for success in school and work;
(2) test results indicate that a significant portion of South Carolina students score below the fiftieth percentile on nationally normed achievement tests; and
(3) it is necessary and proper to establish a comprehensive long-term commitment to improve reading as well as overall academic performance.
(B) There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and on grade level by the end of the third grade, and continue to read on grade level. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to emphasize the importance of reading and reading instruction, strengthen the teaching of reading in the primary grades, and improve remedial reading instruction in the middle grades. To accomplish this mission, the institute shall:
(1) review the best practices in the teaching of reading and remedial reading instruction;
(2) provide teachers with professional development and support for implementing best practices in the teaching of reading and addressing the range of ability levels among students; and
(3) award competitive grants to school districts for designing and implementing a comprehensive approach to improving reading instruction based on best practices.
The State Board of Education shall promulgate regulations for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded for fiscal year 1999-2000 based on guidelines. Grants shall be awarded to districts for implementing comprehensive programs designed to improve reading instruction so as to accelerate student achievement in reading, both overall in the primary grades and for students identified as reading below grade level in grades four through eight. In awarding the grants, priority shall be given to quality proposals from districts with high levels of students scoring below grade level or standard in reading on standardized assessments. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year."
TO AMEND THE 1976 CODE BY ADDING SECTION 23-3-175 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION VEHICLE THEFT UNIT MAY CONDUCT INSPECTIONS OF A JUNKYARD, SCRAP METAL PROCESSING FACILITY, SALVAGE YARD, AND OTHER FACILITIES THAT RELATE TO MOTOR VEHICLES IN THE PRESENCE OF A FACILITY'S EMPLOYEE OR OWNER FOR THE PURPOSE OF LOCATING A STOLEN VEHICLE OR TO INVESTIGATE THE TITLING OR REGISTRATION OF WRECKED OR DISMANTLED VEHICLES.
A. The 1976 Code is amended by adding:
"Section 23-3-175. The State Law Enforcement Division Vehicle Theft Unit is authorized to inspect a junkyard, scrap metal processing facility, salvage yard, repair shop, licensed business buying, selling, displaying, or trading new or used motor vehicles or parts of motor vehicles, parking lots, and public garages, or a person dealing with salvaged motor vehicles or parts of them.
The physical inspection must be conducted while an employee or owner of the facility is present and must be for the purpose of locating stolen motor vehicles or investigating titling or registration of motor vehicles wrecked or dismantled."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE FOR A NONRESIDENT TEMPORARY PERMIT FOR HUNTING BIG GAME FOR A CONSECUTIVE TEN-DAY PERIOD, AND TO PROVIDE THAT THE ISSUING AGENT RETAIN ONE DOLLAR OF THE TWENTY-FIVE DOLLAR FEE.
A. Section 50-9-510 of the 1976 Code, as last amended by Act 372 of 1996, is further amended by adding at the end:
"(19) A nonresident may purchase a statewide temporary permit for the privilege of hunting big game, including deer, bear, and turkey, for a period of ten consecutive days, at a cost of twenty-five dollars. One dollar of the permit cost may be retained by the agent issuing the permit."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 12-37-251, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROPERTY TAX RELIEF FUND, SO AS TO REVISE HOW SCHOOL DISTRICTS ARE REIMBURSED FROM THE TRUST FUND FOR TAX RELIEF, INCLUDING A PROVISION FOR REIMBURSEMENT ON A PER CAPITA BASIS, AND THE MEANS OF ALLOCATING REIMBURSEMENT WHEN AMOUNTS AVAILABLE ARE INSUFFICIENT TO PROVIDE A FULL PER CAPITA REIMBURSEMENT; TO PROVIDE FOR THE MANNER IN WHICH DISTRICTS MUST USE THESE FUNDS RECEIVED; TO REQUIRE THE COMPTROLLER GENERAL FROM FUNDS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR THE OPERATION OF HIS OFFICE TO CALCULATE DISTRIBUTIONS UNDER THIS FORMULA, TO PROVIDE THAT IF THE AMOUNT REIMBURSED TO A SCHOOL DISTRICT IS INSUFFICIENT TO REIMBURSE FULLY FOR THE BASE YEAR OPERATING MILLAGE, THE SCHOOL BOARD SHALL CALCULATE A SCHOOL OPERATING MILLAGE SUFFICIENT TO MAKE UP THE SHORTFALL; AND TO PROVIDE THAT NO DISTRICT SHALL RECEIVE LESS THAN IT RECEIVED DURING THE 1998-99 FISCAL YEAR.
A. Section 12-37-251(B) of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"(B) (1) School districts must be reimbursed from revenues credited to the Trust Fund for Tax Relief for a fiscal year, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety. Ninety percent of the reimbursement must be paid in the last quarter of the calendar year on December first. From funds appropriated to the Office of the Comptroller General in the annual general appropriations act, the Comptroller shall make the calculations and distributions required pursuant to this subsection. If amounts received by a school district pursuant to this subsection are insufficient to reimburse fully for the base year operating millage, the local school board, within its authority, shall decide how to make up the shortfall, if necessary. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage must first be used to reduce any operating millage imposed since the 1995 base year, must next be used for school debt service purposes, and any funds remaining may then be retained by the district.
(2) School districts must be reimbursed on a per capita basis, but no district shall receive as a reimbursement for a fiscal year an amount less than the actual reimbursement amount it received in fiscal year 1998-99. If amounts credited to the Trust Fund for Tax Relief for a fiscal year pursuant to item (1) of this subsection are insufficient to pay the full amount of the reimbursements provided by this item, then all amounts credited to the trust fund for a fiscal year for this reimbursement in excess of the amount of the reimbursements paid pursuant to this section in fiscal year 1998-99 must be allocated only to those districts receiving less than the full per capita reimbursement, and this allocation must be on a per capita basis among only those counties receiving some part of this allocation."
B. This section applies for property tax years beginning after 1998.
TO AMEND SECTION 9-1-1515, OF THE 1976 CODE, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO ELIMINATE THE SPECIAL BENEFIT REDUCTION FACTOR APPLIED TO THE BENEFITS PAID AN EARLY RETIREE WHEN THE MEMBER, BEFORE RETIRING, MAKES A LUMP SUM PAYMENT TO THE SYSTEM IN AN AMOUNT EQUAL TO TWENTY PERCENT OF THE MEMBER'S EARNABLE COMPENSATION FOR EACH YEAR OF CREDITABLE SERVICE LESS THAN THIRTY OR THE AVERAGE OF THE MEMBER'S TWELVE HIGHEST CONSECUTIVE FISCAL QUARTERS OF COMPENSATION AT THE TIME OF PAYMENT, WHICHEVER IS LARGER, AND TO REQUIRE THE MEMBER TO RETIRE NOT MORE THAN NINETY DAYS AFTER THE PAYMENT.
A. Section 9-1-1515(B) of the 1976 Code, as added by Act 559 of 1990, is amended to read:
"(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, his the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty. However, a member's early retirement allowance is not reduced if the member pays into the system, in a lump sum payment before the member's retirement, an amount equal to twenty percent of the member's earnable compensation or the average of the member's twelve highest consecutive fiscal quarters of compensation at the time of payment, whichever is greater, prorated for periods less than one year for each year of creditable service less than thirty. The member's retirement must occur not more than ninety days after the date of the payment."
B. This section takes effect July 1, 1999, and applies with respect to members of the South Carolina Retirement Systems electing early retirement pursuant to Section 9-1-1515 of the 1976 Code on and after that date.
TO AMEND CHAPTER 4, TITLE 30, OF THE 1976 CODE, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO PROHIBIT THE SALE OR OTHER RELEASE OF SOCIAL SECURITY NUMBERS AND DRIVER'S LICENSE OR IDENTIFICATION CARD PHOTOGRAPHS OR SIGNATURES BY THE DEPARTMENT OF PUBLIC SAFETY.
A. Chapter 4, Title 30 of the 1976 Code is amended by adding:
"Section 30-4-160. (A) This chapter does not allow the Department of Public Safety to sell, provide, or otherwise furnish to a private party Social Security numbers in its records, copies of photographs, or signatures whether digitized or not, taken for the purpose of a driver's license or personal identification card.
(B) Photographs, signatures, and digitized images from a driver's license or personal identification card are not public records."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-545 SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING OR OTHERWISE FURNISHING SOCIAL SECURITY NUMBERS, PHOTOGRAPHS, OR SIGNATURES FROM ITS RECORDS TO A PRIVATE PARTY.
A. The 1976 Code is amended by adding:
Section 56-3-545. The Department of Public Safety may not sell, provide, or otherwise furnish to a private party Social Security numbers, copies of photographs, or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. A Social Security number, photograph, signature, or digitized image from a driver's license or personal identification card is not a public record.
B. This Section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 23-1-225 SO AS TO PROVIDE THAT UPON RETIREMENT, STATE LAW ENFORCEMENT OFFICERS MAY RETAIN THEIR COMMISSIONS IN RETIRED STATUS WITH THE RIGHT TO RETAIN THEIR SERVICE WEAPONS ISSUED WHILE SERVING IN ACTIVE DUTY STATUS.
A. The 1976 Code is amended by adding:
"Section 23-1-225. Upon retirement, state law enforcement officers may retain their commissions in retired status with all rights and privileges, including the right to retain their service weapons issued while serving in active duty status."
B. Of the funds appropriated to state law enforcement agencies in the 1999-2000 General Appropriation Act, funds must be expended by the agencies to replace any weapons that remain with retiring law enforcement officers pursuant to Section 23-1-225 of the 1976 Code, as added by subsection A. of this section.
C. This section takes effect July 1, 1999.
TO AMEND SECTION 22-3-10, AS AMENDED, OF THE 1976 CODE RELATING TO CIVIL JURISDICTION IN MAGISTRATES' COURTS, SO AS TO RAISE THE JURISDICTIONAL AMOUNT FROM FIVE THOUSAND DOLLARS TO SEVEN THOUSAND FIVE HUNDRED DOLLARS.
A. Section 22-3-10, as last amended by Act 48 of 1997, of the 1976 Code is amended to read:
"Section 22-3-10. Magistrates have concurrent civil jurisdiction in the following cases:
(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed five thousand seven thousand five hundred dollars;
(2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed five thousand seven thousand five hundred dollars;
(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed five thousand seven thousand five hundred dollars;
(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed five thousand seven thousand five hundred dollars;
(5) in actions upon a bond conditioned for the payment of money, not exceeding five thousand seven thousand five hundred dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;
(6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed five thousand seven thousand five hundred dollars;
(7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by the South Carolina Rules of Civil Procedure;
(8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed five thousand seven thousand five hundred dollars;
(9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed five thousand seven thousand five hundred dollars;
(10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27;
(11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of five thousand seven thousand five hundred dollars; and
(12) in all actions provided for in this section when a filed counterclaim involves a sum not to exceed five thousand seven thousand five hundred dollars, except that this limitation does not apply to counterclaims filed in matters between landlord and tenant and the possession of land."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 12-6-2320, AS AMENDED, OF THE 1976 CODE, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME AND THE DEPARTMENT OF REVENUE ENTERING INTO AGREEMENTS WITH TAXPAYERS ESTABLISHING SUCH ALLOCATION AND APPORTIONMENT, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS FOR THE AGREEMENTS AND TO ALLOW AGREEMENTS UP TO TEN YEARS IN DURATION UNDER CERTAIN CONDITIONS.
A. Section 12-6-2320(B) of the 1976 Code, as last amended by Act 462 of 1996, is amended by adding:
"(3) Notwithstanding the provisions of item (1), the department may enter into an agreement with the taxpayer establishing the allocation and apportionment of the taxpayer's income for a period not to exceed ten years if the following conditions are met:
(a) the taxpayer is planning a new facility in this State or an expansion of an existing facility and the new or expanded facility results in a total investment of at least ten million dollars and the creation of at least two hundred new full-time jobs, with an average cash compensation level for the new jobs of more than three times the per capita income of this State at the time the jobs are filled which must be within five years of the Advisory Coordinating Council for Economic Development's certification. Per capita income for the State shall be determined by using the most recent data available from the Board of Economic Advisors;
(b) the taxpayer asks the department to enter into a contract under this subsection reciting an allocation and apportionment method; and
(c) after reviewing the taxpayer's proposal and planned new facility or expansion, the Advisory Coordinating Council for Economic Development certifies that the new facility or expansion will have a significant beneficial economic effect on the region for which it is planned and that its benefits to the public exceed its costs to the public. It is within the Advisory Coordinating Council for Economic Development's sole discretion to determine whether a new facility or expansion has a significant economic effect on the region for which it is planned.
B. This section takes effect upon approval by the Governor and applies to contracts entered into with the Department of Revenue on or after January 1, 1999.
TO AMEND SECTION 2-15-61, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ACCESS OF LEGISLATIVE AUDIT COUNCIL TO STATE AGENCY RECORDS, SO AS TO GRANT SUBPOENA POWERS TO THE COUNCIL AND TO PROVIDE THAT THE COUNCIL'S INFORMATION REQUESTS BE SENT TO THE CHIEF ADMINISTRATIVE OFFICER OF THE AGENCY BEING EXAMINED AND THAT WILFUL NONCOMPLIANCE WITH THAT REQUEST IS MISFEASANCE IN OFFICE; TO AMEND SECTION 2-15-120, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE THAT AUDIT WORKING PAPERS ARE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE AND TO PROVIDE THAT THE GENERAL ASSEMBLY, ITS STAFF, AND OTHER ENTITIES ARE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND PENALTIES WHILE PERFORMING AUDIT COMPLIANCE REVIEW DUTIES.
A. Section 2-15-61 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:
"The Legislative Audit Council may:
(1) issue a subpoena to compel the attendance of an officer, employee, or adjunct of a state agency, as defined by Section 2-15-50;
(2) subpoena relevant information, reports, or other data from a state agency;
(3) require, pursuant to a subpoena duces tecum, the production of relevant documents or records within the custody of a state agency; and
(4) order the opening of records and full access to them by members of the council or their designees. Obtaining access to agency records by the council does not subject it to violating privacy provisions of any state or federal law.
The Legislative Audit Council shall address its information requests to the chief administrative officer of the agency being examined. The officer is accountable for swift compliance with the requests. Wilful noncompliance with the information requests is misfeasance in office and subjects the officer to penalties as provided by law."
B. The first unnumbered paragraph of Section 2-15-120 of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"All records and audit working papers of the Legislative Audit Council with the exception of its final audit reports provided for by Section 2-15-60 are confidential and not subject to public disclosure prior to the publication of the final audit report. In the performance of compliance review duties, the General Assembly, its staff, or other entities are subject to the requirements and penalties of this section. Information protected from disclosure by federal law and the identity of confidential sources must be kept confidential by the Legislative Audit Council. The court in determining the extent to which any disclosure of all or any part of a council record is necessary shall impose appropriate safeguards against unauthorized disclosure."
C. This section takes effect July 1, 1999.
TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CORRECT A CODE REFERENCE, TO RELOCATE LANGUAGE STIPULATING THAT LIBRARY, CHURCH, AND CHARITABLE PROPERTY TAX EXEMPTIONS DO NOT EXTEND BEYOND THE PROPERTY ACTUALLY OCCUPIED BY THE OWNERS, TO PROVIDE FOR THE PAYMENT OF ACCRUED PROPERTY TAXES ON REAL PROPERTY TRANSFERRED TO A CHURCH IF THAT PROPERTY IS EXEMPT WHEN OWNED BY THE CHURCH, TO PROVIDE FOR THE PROPERTY'S EXEMPTION IMMEDIATELY UPON TRANSFER TO THE CHURCH, TO PROVIDE FOR THE CESSATION OF TRANSFEROR LIABILITY FOR THE TAX WHEN THE TRANSFER OCCURS, TO PROVIDE THE METHOD OF DETERMINING MILLAGE AND THE DUE DATE FOR THE ACCRUED TAXES, TO PROVIDE A LIEN FOR THE COLLECTION OF THE ACCRUED TAX, AND TO MAKE THESE PROVISIONS PERTAINING TO THE TAXATION OF PROPERTY TRANSFERRED TO A CHURCH RETROACTIVE TO PROPERTY TAX YEARS BEGINNING AFTER 1997.
A. Items (3) and (4) of Section 12-37-220(A) of the 1976 Code are amended to read:
"(3) all property of all public libraries, churches, parsonages, and burying grounds, but this exemption for real property does not extend beyond the buildings and premises actually occupied by the owners of the real property;
(4) all property of all charitable trusts and foundations used exclusively for charitable and public purposes, but this exemption for real property does not extend beyond the buildings and premises actually occupied by the owners of the real property;"
B. Section 12-37-220(A) of the 1976 Code is amended by deleting the last sentence, which reads:
"The exemptions provided in items (3) and (4) for real property shall not extend beyond the buildings and premises actually occupied by the owners of such real property."
C. That portion of Section 12-37-220(B) of the 1976 Code which precedes item (1) is amended to read:
"In addition to the exemptions provided in subsection (A), the following classes of property shall be are exempt from ad valorem taxation subject to the provisions of Section 12-3-145 12-4-720:"
D. Section 12-37-220 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) If a church acquires ownership of real property which will be exempt under this section when owned by the church, the transferor's liability for property taxes on the property ceases on the church acquiring the property, and any exemptions provided in this section then apply, subject to the requirements of Section 12-4-720. The property taxes accruing up to the date of the acquisition by the church, if any, must be paid to the county where the property is located within thirty days of the acquisition date. If the millage has not yet been set for the year when the acquisition occurs, the county auditor shall apply the previous year's millage in determining any taxes owed. If the millage has been determined, the auditor shall apply the current year's millage in determining any taxes owed. All taxes, assessments, penalties, and interest on the property acquired by a church are a first lien on the property taxed, the lien attaching December thirty-first of the year immediately preceding the calendar year during which the tax is levied."
E. The provisions of item (D) of this section apply to property tax years beginning after 1997.
TO AMEND SECTION 10-1-179 OF THE CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE AFRICAN-AMERICAN HISTORY MONUMENT COMMISSION, SO AS TO EXTEND THE DURATION OF THE COMMISSION AND ITS FINAL ACTIVITIES UNTIL JANUARY 1, 2001.
A. Subsections (B) and (C) of Section 10-1-179 are amended to read:
"(B) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum shall collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than April 1, 1997, and a final report and recommendation on this study must be made by January 1, 2000 January 1, 2001.
(C) The commission established pursuant to this act is dissolved on January 1, 2000 January 1, 2001. However, the commission must be dissolved earlier if both the monument is dedicated and the final report is made before January 1, 2000 January 1, 2001, in which case the commission must be dissolved on the date of the later occurring event of the dedication of the monument or the receipt of the final report. If the African-American History Monument has not been dedicated by January 1, 2000 January 1, 2001, the powers, duties, and responsibilities of the African-American History Monument Commission shall be devolved upon the State House Committee."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2675 SO AS TO DEFINE "MOTOR VEHICLE MANUFACTURER" AND TO PROVIDE THAT A MOTOR VEHICLE MANUFACTURER MAY OBTAIN AND ISSUE TEMPORARY LICENSE PLATES IN THE SAME MANNER AS A MOTOR VEHICLE DEALER; TO AMEND SECTION 56-3-2600, AS AMENDED, RELATING TO THE ISSUANCE OF AND FEE FOR A SET OF TEMPORARY LICENSE PLATES AND REGISTRATION CARDS, SO AS TO REVISE THE FEE; AND TO AMEND SECTION 56-3-2660, RELATING TO THE PERIOD OF TIME THAT TEMPORARY LICENSE PLATES AND REGISTRATION CERTIFICATES ARE VALID, SO AS TO PROVIDE THAT THE PERIOD OF VALIDITY IS THIRTY DAYS FOR VEHICLES WHICH ARE TO BE PERMANENTLY LICENSED IN A FOREIGN JURISDICTION.
A. The 1976 Code is amended by adding:
"Section 56-3-2675. (A) As used in this section, 'Motor Vehicle Manufacturer' means a person in the business of manufacturing or assembling new and unused vehicles in this State.
(B) A motor vehicle manufacturer may obtain and issue temporary license plates in the same manner and subject to the same requirements as a motor vehicle dealer."
B. Section 56-3-2600 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-2600. The department upon request and subject to the limitations and conditions hereinafter set forth shall provide temporary license plates and registration cards designed by the department to nonresidents of South Carolina and to licensed motor vehicle dealers who apply for such plates and cards. The fee for each set of license plates and registration cards shall be ten twenty dollars. Application therefor shall be made to the department on forms prescribed and furnished by the department. Dealers, subject to the limitations and conditions hereinafter set forth, may issue such temporary license plates to owners of vehicles which are to be permanently licensed in a state other than South Carolina."
C. Section 56-3-2660 of the 1976 Code is amended to read:
"Section 56-3-2600. The temporary license plate and registration certificate shall be are valid for twenty days from the date of issuance. However, temporary license plates and registration certificates for vehicles which will be permanently licensed in a foreign jurisdiction are valid for thirty days from the date of issuance."
D. This section takes effect July 1, 1999.
TO AMEND TITLE 44, OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING CHAPTER 76 SO AS TO ENACT THE "SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT", TO PROVIDE FOR DEFINITIONS, TO ESTABLISH TRAINING, MAINTENANCE, AND PROTOCOL REQUIREMENTS, AND TO PROVIDE FOR IMMUNITY FROM CIVIL LIABILITY IN CONNECTION WITH THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR UNDER CERTAIN CIRCUMSTANCES.
A. Title 44 of the 1976 Code is amended by adding:
Section 44-76-10. This chapter may be cited as the 'South Carolina Automated External Defibrillator Act'.
Section 44-76-20. For purposes of this chapter:
(1) 'Automated external defibrillator' or 'AED' means an automated medical device which is a heart monitor and defibrillator that:
(a) has received approval of its pre-market notification filed pursuant to the United States Code, Title 21, Section 360(k), from the United States Food and Drug Administration; and
(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention by an operator, if defibrillation is necessary; and
(c) upon determining that defibrillation is necessary, automatically charges and requests delivery of an electrical impulse to an individual's heart.
(2) 'Licensed health care provider' means a physician, surgeon, physician's assistant, nurse practitioner, or nurse.
(3) 'Designated AED user' means a person identified by the person or entity acquiring an AED and who has received training in the use of AED pursuant to this chapter.
Section 44-76-30. A person or entity that acquires an automated external defibrillator shall:
(1) require its designated AED users to have current training in CPR and the use of AED by the American Heart Association, American Red Cross, or National Safety Council;
(2) maintain and test the AED according to the manufacturer's operational guidelines and keep written records of the maintenance and testing;
(3) employ or obtain a licensed health care professional to serve as its AED liaison;
(4) have in place an AED program approved by its AED liaison which includes CPR and AED training, AED protocol or guidelines, AED deployment strategies, and an AED equipment maintenance plan;
(5) require in its AED protocol or guidelines that a person who renders emergency care or treatment to a person in cardiac arrest caused by ventricular fibrillation or tachycardia by using an AED shall activate the emergency medical service system or 911 as soon as possible; and
(6) report any clinical use of the AED to the AED liaison.
Section 44-76-40. (A) A person or an entity acting in good faith and without compensation is immune from civil liability for the application of an AED unless the person or entity was grossly negligent in the application.
(B) A designated AED user meeting the requirements of Section 44-76-30(1) and acting according to the required training is immune from civil liability for the application of an AED unless the user was grossly negligent in the application.
(C) A person or an entity acquiring an AED and meeting the requirements of Section 44-76-30 is immune from civil liability for the application of an AED by a person or an entity described in item (A) or (B) of this section.
(D) A prescribing physician is immune from civil liability for authorizing the purchase of an AED, unless the physician was grossly negligent in the authorization.
Section 44-76-50. The provisions of this chapter do not apply to emergency medical services, a physician's office, or a health care facility as defined in Section 44-7-130(10).
B. This section takes effect July 1, 1999.
TO AMEND SECTION 44-56-170 OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE IMPOSITION OF CERTAIN HAZARDOUS WASTE FEES, SO AS TO REVISE THE MANNER IN WHICH THE FUNDS GENERATED FROM THIS FEE ARE USED AND TO REPEAL CERTAIN HAZARDOUS WASTE FEES EFFECTIVE JULY 1, 2002, UNLESS REENACTED BY SUBSEQUENT ACT OF THE GENERAL ASSEMBLY.
A. Section 44-56-170(F) of the 1976 Code is amended to read:
"(F) There is imposed a fee of ten dollars a ton on the incineration of hazardous waste in this State whether the waste was generated within or outside of this State. Fees imposed by this subsection must be collected by the facility at which it is incinerated and remitted to the State Treasurer to be credited to the general fund of the State placed into a fund separate and distinct from the state general fund entitled 'Hazardous Waste Fund County Account'. This fee must be credited to the benefit of the county where the incineration of the hazardous waste generating the fee occurred. If the amount of funds credited to a particular county exceeds five hundred thousand dollars annually, the excess over five hundred thousand dollars must be credited to the general fund of the State. Funds in each county's account must be released by the State Treasurer upon the written request of a majority of the county's legislative delegation and used for infrastructure within the economically depressed area of that county. For purposes of this subsection, 'incineration' includes hazardous waste incinerators, boilers, and industrial furnaces. For the purpose of this subsection 'infrastructure' means improvements for water, sewer, gas, steam, electric energy, and communication services made to a building or land which are considered necessary, suitable, or useful to an eligible project. These improvements include, but are not limited to:
(1) improvements to both public water and sewer systems;
(2) improvements to public electric, natural gas, and telecommunication systems; and
(3) fixed transportation facilities including highway, road, rail, water, and air."
B. For purposes of Section 44-56-170(F), the phrase "economically depressed area of that county" means:
(1) within Orangeburg County, the entire area of the county;
(2) within Dorchester County, the area comprising School District 4; and
(3) for any other county, an area designated by the county governing body.
C. Subsection (F) of Section 44-56-170 is repealed effective July 1, 2002, unless reenacted by the General Assembly in a subsequent act.
D. This section takes effect July 1, 1999.
TO AMEND SECTION 50-21-160, AS AMENDED, OF THE 1976 CODE, RELATING TO DISPOSITION OF FEES AND FINES COLLECTED IN CONNECTION WITH REGISTRATION OF BOATS, SO AS TO PROVIDE THAT REVENUES ATTRIBUTABLE TO FEE INCREASES BEGINNING JULY 1, 1999, MUST BE USED BY THE DEPARTMENT OF NATURAL RESOURCES FOR LAW ENFORCEMENT; TO AMEND SECTIONS 50-21-340, 50-21-370, AND 50-21-380, ALL AS AMENDED AND ALL RELATING TO REGISTRATION FEES FOR BOATS, SO AS TO INCREASE THE REGISTRATION AND RENEWAL OF REGISTRATION FEES FROM TEN DOLLARS TO THIRTY DOLLARS AND THE TRANSFER OF REGISTRATION FEE FROM THREE TO SIX DOLLARS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO A CERTIFICATE OF TITLE FOR A BOAT SO AS TO INCREASE THE APPLICATION FEE FROM THREE DOLLARS TO TEN DOLLARS AND THE FEE FOR A TITLE DUPLICATE FROM ONE DOLLAR TO FIVE DOLLARS; AND TO AMEND SECTION 50-23-220, AS AMENDED, RELATING TO THE DISPOSITION OF FEES COLLECTED IN CONNECTION WITH THE TITLING OF BOATS, SO AS TO PROVIDE THAT REVENUES ATTRIBUTABLE TO FEE INCREASES BEGINNING JULY 1, 1999, MUST BE USED BY THE DEPARTMENT FOR ITS LAW ENFORCEMENT RESPONSIBILITIES AND TO MAKE TECHNICAL CORRECTIONS.
A. Section 50-21-160 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-160. (A) Except as provided in subsection (B), all fees or fines collected pursuant to this chapter must be held and utilized for the purpose of paying the expenses of the Natural Resources Enforcement Division of the department and other department operations. Twenty-five percent of all fines must be retained by the county in which the fine is levied.
(B) To the extent fees collected pursuant to Sections 50-21-340, 50-21-370, and 50-21-380, in connection with registration of boats, are attributable to fee increases beginning July 1, 1999, revenues from those fee increases must be used by the department for its law enforcement responsibilities. Any surplus may be carried forward for that use.
B. Section 50-21-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-21-340. The owner of each motorboat requiring numbering by this chapter shall file an application for a number with the department on forms approved by it. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of ten thirty dollars. Upon receipt of the application in approved form, the department shall enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner. The certificate of number shall be pocket size.
C. Section 50-21-370(D) of the 1976 Code, as last amended by Act 128 of 1993, is further amended to read:
"Section 50-21-370. (D) The department may issue a certificate of number to a person engaged primarily in the business of repairing watercraft or outboard motors. The certificate of number must be issued upon payment of a ten- thirty-dollar fee and expires December thirty-first each year.
D. Section 50-21-380(A) of the 1976 Code, as last amended by Act 128 of 1993, is further amended to read:
"Section 50-21-380. (A) Upon the transfer of ownership of a watercraft, the purchaser shall file an application for transfer of a registration card at a cost of three six dollars. The application for transfer must be made by the purchaser within thirty days from date of purchase. The purchaser may operate the watercraft for not more than sixty days on a temporary certificate of number.
E. Section 50-23-70(A) of the 1976 Code, as last amended by Act 181 of 1993 is further amended to read:
"Section 50-23-70. (A) A fee of three ten dollars shall accompany each application for a certificate of title, as required by the provisions of this chapter, with the exception of those applications for duplicates of certificates of title which must be accompanied by a fee of one five dollar dollars. Any watercraft which is propelled by land with oar, paddle, or similar device shall not require a certificate of title unless the owner requests such a certificate.
F. Section 50-23-220 of the 1976 code, as last amended by Act 181 of 1993 is further amended to read:
"Section 50-23-220. All fees received and money collected under the provisions of this chapter must be deposited in the State Treasury and set apart in a special fund. Appropriations from this fund must be used for the expenses of the division in administering the provisions of this chapter or for any purpose related to the mission of the department.
(A) Except as provided in subsection (B), all fees received and money collected under the provisions of this chapter must be deposited in the State Treasury and set apart in a special fund. Appropriations from this fund must be used for the expenses of the department in administering the provisions of this chapter or for any purpose related to the mission of the department.
(B) To the extent fees collected pursuant to Section 50-23-70, in connection with titling a boat, are attributable to fee increases beginning July 1, 1999, revenues from those increases must be used by the department for its law enforcement responsibilities. Any surplus may be carried forward for that use.
G. Section 50-21-10 of the 1976 Code is amended by adding a new appropriately numbered item to read:
"( ) `Dealer permit' means a permit issued by the department to a marine business extending the privilege of using a temporary marine dealer certificate of numbers on boats or motors for any legal purpose. A dealer permit is only valid for the calendar year and it must be prominently displayed to the public. Applications for renewals must be received by December fifteenth each year. `Demonstration numbers' means a temporary certificate of numbers issued to a permitted marine dealer or to a manufacturer for the purpose of demonstrating new and used boats or for any other legal purposes by a permitted marine dealer employee. The demonstration numbers must not be permanently attached to the vessel. The demonstration numbers must be attached to removal plates or placards for temporary display during any legal use. Demonstration numbers must be used only on boats, motors, or watercraft owned by the permitted dealer, or on customer boats, motors, or watercraft when servicing or testing. Permitted dealers or manufacturers are limited to nine sets of dealer numbers. Temporary certificate of numbers is a temporary registration assigned to a vessel to allow permitted marine dealers to operate a vessel for any legal use permitted."
H. Section 50-21-10 of the 1976 Code is amended by adding an appropriately numbered item to read:
"(___) `Demonstration numbers' means a temporary certificate of numbers issued to a permitted marine dealer or manufacturer for the purpose of operating dealer owned watercraft, or used on watercraft that are placed with the dealer for repair. The demonstration numbers must not be permanently attached to the vessel. The dealer numbers must be on board the watercraft at all times during operating to identify that the dealer truly is licensed and operating legally. The dealer numbers may be used for any legal purpose. Each dealer will be allowed to purchase nine demonstration numbers."
I. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-35. (A) The use of dealer demonstration numbers must be limited to the watercraft that are:
(1) owned by the dealership;
(2) assigned to the dealership, including customer watercraft in for service;
(3) used for prospective buyer for test ride purposes;
(4) watercraft using dealer demo numbers may be operated on South Carolina waters by persons employed by the dealership or persons associated personally with the dealership such as a corporate officer;
(5) prospective watercraft buyers may also operate the watercraft with the dealer numbers while in test operation. If a customer operates a boat or watercraft during an extended demonstration, the dealer must execute a form designating the buyer to use such watercraft. Prospective buyers are limited to operating with dealer numbers for a period of seventy-two hours;
(6) employees, owners, and agents who operate or may operate dealer owned watercraft using dealer demo numbers must be listed on the dealer application form. This list must include the name, address, and social security number. The names may be updated during the current licensing year as employees are added or leave and must be done within a thirty-day period.
(B) Any dealer who is convicted of misusing dealer demonstration numbers must be punished as follows:
(1) for a first offense, a one hundred dollar fine;
(2) for a second offense, a two hundred dollar fine;
(3) for a third offense, a three hundred dollar fine;
for a fourth and subsequent offense, a three hundred dollar fine and the department may suspend the dealer's license."
J. This act takes effect July 1, 1999.
TO AMEND CHAPTER 1, TITLE 51 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF PARKS, RECREATION, AND TOURISM, SO AS TO REPEAL SECTION 51-1-75, AS AMENDED, RELATING TO THE ALLOCATION OF A PORTION OF THE ADMISSIONS TAX TO THE DEPARTMENT.
A. Section 51-1-75 of the 1976 Code is repealed.
B. This section takes effect July 1, 1999.
TO AMEND SECTION 12-37-2830, AS AMENDED, OF THE 1976 CODE, RELATING TO DETERMINATION OF VALUE OF A MOTOR CARRIER'S VEHICLES FOR PROPERTY TAX PURPOSES, SO AS TO DELETE THE WORD "ENTIRE" IN DESCRIBING THE CARRIER'S FLEET.
A. Section 12-37-2830 of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:
"Section 12-37-2830. The value of a motor carrier's vehicles subject to property taxes in this State must be determined based on the ratio of total mileage operated within this State during the preceding calendar year to the total mileage of its entire fleet operated within and without this State during the same preceding calendar year."
B. Upon approval by the Governor this section is effective for calendar years after December 31, 1998.
TO AMEND SECTION 58-15-2110, OF THE 1976 CODE, RELATING TO THE CONSTRUCTION AND MAINTENANCE OF GRADE CROSSINGS BY RAILROADS, SO AS TO PROVIDE FOR RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH CONSTRUCTION, MODIFICATION, OR RELOCATION OF RAIL-HIGHWAY GRADE CROSSINGS WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY RAILROADS, AND WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY A PUBLIC AUTHORITY; AND TO AMEND SECTION 58-15-2120, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION MAKING SPECIFICATIONS AND ENTERING INTO AGREEMENTS CONCERNING GRADE CROSSINGS OF STATE HIGHWAYS, SO AS TO ELIMINATE THE REQUIREMENT THAT THE OPERATOR OR A RAILROAD CONSTRUCTING AND MAINTAINING RAILROAD CROSSINGS TO MEET SPECIFICATIONS OF THE DEPARTMENT OF TRANSPORTATION DO SO AT ITS OWN EXPENSE.
A. Section 58-15-2110 of the 1976 Code is amended to read:
"Section 58-15-2110. (A) Whenever the public safety, convenience, or necessity so requires, all operators of railroads which are now or hereafter shall be crossed at grade by a public highway shall construct and maintain grade crossings meeting the requirements of the authorities responsible for such highways. This shall apply to crossings necessary for new highways, as well as to crossings needed to replace existing crossings rendered obsolete or unnecessary by the relocation or improvement of existing highways or roads.
(B) The involved railroad shall be responsible for all costs associated with construction, modification, or relocation of rail-highway grade crossings when such construction, modification, or relocation results from projects initiated by the railroad. Such railroad-initiated projects shall include, but are not limited to, constructing a new line, adding an additional track to an existing line, and relocating an existing rail line.
(C) The public authority responsible for a highway crossing a railroad track or tracks shall reimburse the involved railroad for all costs that railroad incurs by virtue of construction, modification, or relocation of rail-highway grade crossings when such construction, modification, or relocation results from projects initiated by the public authority. A public authority is limited to the State Department of Transportation, which is required to reimburse the railroad for Department of Transportation authorized projects from within the funds appropriated to the Department of Transportation by the General Assembly. Such public authority-initiated projects are limited to constructing a new highway, widening an existing highway, and relocating an existing highway."
B. Section 58-15-2120 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 58-15-2120. In case of grade crossings of state highways over such railroads, the Department of Transportation, after due notice to the railroad, corporation, or operator, and hearing the railroad or operator involved, if application is made for such a hearing within ten days after receipt of the notice and after finding that the public safety, convenience, or necessity require it, shall have the power to specify the character of the grade crossings, and the operator of the railroad shall, at its own expense, construct and maintain the crossings to meet the specifications of the Department of Transportation; provided, however, that the power to specify the character of grade crossings granted in this section shall not extend beyond five feet on either side of the center line of the track; provided, further, that the Department of Transportation shall have the power, in matters relating to such grade crossings, now pending or hereafter arising, to enter into such agreements with operators of railroads pertaining to the construction thereof as in its judgment may be to the best interest of the State, and to agree to pave the area across the tracks after the area is otherwise prepared for paving by the operator of the railroad. The Department of Transportation, with the advice and consent of the Attorney General, may waive any and all claims for penalties now existing, upon entry into such agreements."
TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-223 SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, PROVIDE, CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO MAKE THE ORDINANCE APPLY RETROACTIVELY; AND TO AMEND SECTION 12-43-217, RELATING TO THE SCHEDULE OF APPRAISAL AND EQUALIZATION OF THE VALUE OF REAL PROPERTY AND THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM THE EQUALIZATION PROGRAM FOR PURPOSES OF PROPERTY TAX, SO AS TO ALLOW A COUNTY BY ORDINANCE TO POSTPONE IMPLEMENTATION FOR NOT MORE THAN ONE PROPERTY TAX YEAR AND TO PROVIDE THAT THIS POSTPONEMENT DOES NOT ALTER THE SCHEDULE OF APPRAISAL AND EQUALIZATION.
A. Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-223. As authorized by Section 3, Article X of the South Carolina Constitution, the General Assembly hereby authorizes the governing body of a county by ordinance to exempt an amount of fair market value of real property located in the county sufficient to limit to fifteen percent any valuation increase attributable to the implementation in the county of a countywide appraisal and equalization program. An exemption allowed by this section does not apply to:
(1) real property valued for property tax purposes by the unit valuation method;
(2) value attributable to permanent improvements not included in the value of the property in the most recently implemented countywide appraisal and equalization program;
(3) property transferred after the implementation of the most recent countywide equalization program, except property transfers between spouses or transfers that are not subject to income tax as defined by the Internal Revenue Code and incorporated by reference or otherwise enacted by the General Assembly.
Assessed value exempted from ad valorem taxation by an ordinance enacted pursuant to this section is nevertheless considered taxable property for purposes of any formula using assessed value of property to determine state aid to school districts for public education and computing the bonded indebtedness limit for a political subdivision or school district.
The ordinance allowed by this section may be given retroactive effect, but no refund of property tax shall result from the retroactive effect of the ordinance."
B. Section 12-43-217 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"Section 12-43-217. (A) Notwithstanding any other provision of law, once every fifth year each county or the State shall appraise and equalize those properties under its jurisdiction. Property valuation must be complete at the end of December of the fourth year and the county or State shall notify every taxpayer of any change in value or classification if the change is one thousand dollars or more. In the fifth year, the county or State shall implement the program and assess all property on the newly appraised values.
A county by ordinance may postpone for not more than one property tax year the implementation of revised values resulting from the equalization program provided pursuant to subsection (A). The postponement ordinance applies to all revised values, including values for state-appraised property. The postponement allowed pursuant to this subsection does not affect the schedule of the appraisal and equalization program required pursuant to subsection (A) of this section."
C. The Department of Revenue shall expend such funds as necessary from those appropriated to publish such information as necessary to educate citizens and local officials on the implementation of this section.
D. This act takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 15-1-330 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY IS NOT LIABLE FOR A LOSS ARISING FROM THE FAILURE OF A COMPUTER, SOFTWARE PROGRAM, DATABASE, NETWORK, INFORMATION SYSTEM, FIRMWARE, OR ANY OTHER DEVICE, WHETHER OPERATED BY OR ON BEHALF OF THE GOVERNMENTAL ENTITY, TO INTERPRET, PRODUCE, CALCULATE, GENERATE, OR ACCOUNT FOR A DATE WHICH IS COMPATIBLE WITH THE "YEAR 2000" DATE CHANGE, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO A GOVERNMENTAL ENTITY WHICH PROGRAMMED AND OPERATED THE DEVICE ITSELF IN A WILFUL, WANTON, RECKLESS, OR GROSSLY NEGLIGENT MANNER THEREBY CAUSING A YEAR 2000 COMPUTER FAILURE.
The 1976 Code is amended by adding:
"Section 15-1-330. A governmental entity is not liable for a loss arising from the failure of a computer, software program, database, network, information system, firmware, or any other device, whether operated by or on behalf of the governmental entity, to interpret, produce, calculate, generate, or account for a date which is compatible with the 'Year 2000' date change. However, this immunity does not apply to a governmental entity which programmed and operated the device itself in a wilful, wanton, reckless, or grossly negligent manner thereby causing a Year 2000 computer failure."
TO AMEND ACT 419 OF 1998, RELATING TO THE ADDITION OF SECTION 57-7-37 TO THE 1976 CODE WHICH PROHIBITED THE IMPOSITION OF TAXES AND FEES ON THE GROSS RECEIPTS OF CERTAIN COMPETITIVE SPORTS EXHIBITIONS OR PERFORMANCES, SO AS TO EXTEND THE REPEAL DATE FROM JULY 30, 1999, TO JULY 30, 2000.
Section 34(B), Part II, Act 419 of 1998, is amended to read:
"B. This section is repealed July 30, 1999 2000 unless otherwise extended by act or resolution of the General Assembly.
TO AMEND SECTION 1-30-25 OF THE 1976 CODE, RELATING TO ENTITIES ADMINISTERED BY THE DEPARTMENT OF COMMERCE, SO AS TO INCLUDE THE SOUTH CAROLINA FILM OFFICE; TO AMEND SECTION 1-30-80, RELATING TO ENTITIES ADMINISTERED AS A PART OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO DELETE THE FILM OFFICE OF THE STATE DEVELOPMENT BOARD; AND TO REPEAL ARTICLE 5, CHAPTER 1, TITLE 51, RELATING TO THE FILM OFFICE AS A DIVISION OF THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
A. Section 1-30-25 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-25. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Commerce to be initially divided into divisions for Aeronautics, Advisory Coordinating Council for Economic Development, State Development, Public Railways, and Savannah Valley Development:
(A) South Carolina Aeronautics Commission, formerly provided for at Section 55-5-10, et seq.;
(B) Coordinating Council for Economic Development, formerly provided for at Section 41-45-30, et seq.;
(C) Savannah Valley Authority, formerly provided for at Section 13-9-10, et seq.;
(D) State Development Board, except for including the South Carolina Film Office, formerly provided for at Section 13-3-10, et seq.;
(E) South Carolina Public Railways Commission, formerly provided for at Section 58-19-10, et seq."
B. Section 1-30-80 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-80. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Parks, Recreation and Tourism to include a Parks, Recreation and Tourism Division and Film Division.
(A) Film Office of the State Development Board, formerly provided for at Section 13-3-10, et seq.;
(B) Department of Parks, Recreation and Tourism;, formerly provided for at Section Sections 51-1-10, 51-3-10, 51-7-10, 51-9-10 and 51-11-10, et seq."
C. Article 5, Chapter 1, Title 51 of the 1976 Code is repealed.
D. This section takes effect July 1, 1999.
TO AMEND SECTION 59-107-90, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ONE HUNDRED TWENTY MILLION DOLLAR OVERALL DEBT LIMIT ON STATE INSTITUTION BONDS SO AS TO DELETE SUCH DOLLAR LIMITATION AND PROVIDE THAT THE MAXIMUM AMOUNT OF ANNUAL DEBT SERVICE ON ALL OUTSTANDING STATE INSTITUTION BONDS FOR EACH STATE INSTITUTION SHALL NOT EXCEED NINETY PERCENT OF THE SUMS RECEIVED BY SUCH STATE INSTITUTION FROM TUITION FEES FOR THE PRECEDING FISCAL YEAR.
Section 59-107-90 of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"Section 59-107-90. Notwithstanding any other provision of this chapter, there must not be outstanding at any given time state institution bonds for all institutions in excess of one hundred twenty million dollars except that in computing this debt limitation, all bonds defeased pursuant to Section 59-107-200 must be deducted from the aggregate of state institution bonds outstanding at the time The maximum amount of annual debt service on all outstanding state institution bonds for each state institution shall not exceed ninety percent of the sums received by such state institution from tuition fees for the preceding fiscal year, as provided in Section 13(6)(b) of Article X of the Constitution of this State."
TO AMEND SECTION 12-6-3385 OF THE 1976 CODE RELATING TO ELIGIBILITY FOR THE TUITION TAX CREDIT SO AS TO REVISE THE NUMBER OF CREDIT HOURS NECESSARY FOR THE TUITION TAX CREDIT FROM FIFTEEN CREDIT HOURS A SEMESTER TO THIRTY CREDIT HOURS A YEAR, TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSES IS ONLY INELIGIBLE FOR THE TAXABLE YEAR IN WHICH THE ADJUDICATION OCCURRED, AND TO AMEND SECTION 59-149-90 RELATING TO LIFE SCHOLARSHIP ELIGIBILITY, SO AS TO PROVIDE THAT A STUDENT WHO HAS BEEN ADJUDICATED DELINQUENT OR HAS BEEN CONVICTED OR PLED GUILTY OR NOLO CONTENDERE TO ANY ALCOHOL OR DRUG RELATED MISDEMEANOR OFFENSES IS ONLY INELIGIBLE FOR ONE CALENDAR YEAR AFTER THE ADJUDICATION OCCURRED.
A. Section 12-6-3385(B)(3) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"(3) 'Student' means an individual enrolled in an institution of higher learning:
(a) eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations;
(b) who at the end of the taxable year for which the credit is claimed has completed at least fifteen thirty credit hours a semester each year, or its equivalent, as determined by the Commission on Higher Education, for every regular semester ending during the applicable taxable year, and who is admitted, enrolled, and classified as a degree seeking undergraduate or enrolled in a certificate or diploma program of at least one year;
(c) who, within twelve months before enrolling:
(i) graduated from a high school in this State;
(ii) successfully completed a high school home school program in this State in the manner required by law; or
(iii) graduated from a preparatory high school outside this State while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent;
(d) not in default on a Federal Title IV or State of South Carolina educational loan, nor who owes a refund on a Federal Title IV or a State of South Carolina student financial aid program;
(e) who has not been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this State, any other state or comparable jurisdiction, or of the United States; except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to any alcohol or drug related misdemeanor offenses is only ineligible for the taxable year in which the adjudication occurred;
(f) who is in good standing at the institution attended;
(g) who is not a Palmetto Fellowship recipient;
(h) who is not a LIFE Scholarship recipient."
B. Section 59-149-90(A) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"(A) Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship., except that a student who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to any alcohol or drug related misdemeanor offenses is only ineligible for one calendar year after the adjudication occurred."
C. For tax year 1998, the department must recognize a tax credit for an individual paying the tuition for a student who, during the fall semester, completed a minimum of fifteen credit hours, or its equivalent, as determined by the Commission on Higher Education.
TO PROVIDE FOR A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION FOR ADOPTION OF A UNIFORM GRADING SYSTEM TO BE IN PLACE NO LATER THAN SCHOOL YEAR 2000-2001.
The General Assembly finds that given the fact the State provides substantial financial academic assistance to students of the State based on cumulative grade point averages and districts currently are using a variety of grading scales, it is in the best interests of the students of South Carolina for a uniform grading scale to be developed and adopted by the State Board of Education to be implemented in all public schools of the State. Therefore, the State Board of Education is directed to establish a task force composed of superintendents, principals, teachers, and representatives of school boards and higher education by June 1, 1999. The task force shall make recommendations to the board including, but not limited to, the following: consistent numerical breaks for letter grades; consideration of standards to define an honors course; appropriate weighting of courses, and determination of courses and weightings to be used in the calculation of class rank. The task force shall report its findings to the State Board of Education by December 1, 1999. The State Board of Education then shall adopt and school districts of the State shall begin using the adopted grading scale no later than the 2000-2001 school year.
TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT.
Whereas, recent research has shown that children's brains develop more rapidly and earlier than previously understood and that early stimulation of the brain increases the learning ability of a child; and
Whereas, recent research in neuroscience supports the critical importance of the early childhood years and its life-long effects on a child's development; and
Whereas, the General Assembly realizes that without proper care, nurturing, and support during the early years of life, children have difficulty learning when they enter school; and
Whereas, parents have the primary role and duty to raise, educate, and transmit values to their children, while communities can support parents as the primary caregivers and educators of their young children; and
Whereas, the members of the General Assembly recognize that improving results for children and their families can best be accomplished when state government works in partnership with communities and families to define common goals, expected results, and benchmarks for services to children and families; joins with communities and families in building the capacity to accomplish shared results; and supports local efforts through more efficient state accountability, data collection, and administrative systems. Now, therefore,
A. This act may be cited as the "South Carolina First Steps to School Readiness Act".
B. Title 59 of the 1976 Code is amended by adding:
Section 59-152-10. There is established South Carolina First Steps to School Readiness, a comprehensive, results-oriented initiative for improving early childhood development by providing, through public and private funds and support through local partnerships, high-quality early childhood development and education services for children from the prenatal development period through age five and by supporting their families' efforts toward enabling their children to reach school ready to learn.
Section 59-152-20. The purpose of the First Steps initiative is to develop, promote, and assist efforts of agencies, private providers, and public and private organizations and entities, at the state level and the community level, to collaborate and cooperate in order to focus and intensify services, assure the most efficient use of all available resources, and eliminate duplication of efforts to serve young children and their families. First Steps funds must not be used to supplant or replace any other funds being spent on services but must be used to expand, extend, improve, or increase access to services or to enable a community to begin to offer new or previously unavailable services in their community. The First Steps office, First Steps board, and the local partnerships shall assure that collaboration, the development of partnerships, and the sharing and maximizing of resources is occurring before funding for the implementation/management grants, as provided for in this chapter, is made available.
Section 59-152-30. The goals for South Carolina First Steps to School Readiness are to:
(1) increase comprehensive prenatal and maternity care so that fewer premature babies who are at increased risk for major physical, developmental, and learning problems are born to South Carolina mothers;
(2) provide services so all children receive the protection, nutrition, and health care needed to thrive at birth and in the early years so they arrive at school ready to learn;
(3) provide parents with access to the support they might seek and want to strengthen their families and to promote the optimal development of their preschool children;
(4) promote high quality and appropriate preschool programs that provide a healthy environment that will promote normal growth and development;
(5) mobilize communities to focus efforts on providing enhanced services to support families and their young children so as to enable every child to reach school healthy and ready to learn.
Section 59-152-40. The Board of Trustees for the Children's First Steps Trust Fund of South Carolina, established in Section 20-7-5020, shall oversee the South Carolina First Steps to School Readiness initiative. The staff employed pursuant to Section 20-7-5040 shall serve as the office of First Steps.
Section 59-152-50. The office of South Carolina First Steps to School Readiness shall:
(1) provide to the board information on best practice, successful strategies, model programs, and financing mechanisms;
(2) review the local partnerships' plans and budgets in order to provide technical assistance and recommendations regarding local grant proposals and improvement in meeting statewide and local goals;
(3) provide technical assistance, consultation, and support to local partnerships to facilitate their success including, but not limited to, model programs, strategic planning, leadership development, best practice, successful strategies, collaboration, financing, and evaluation;
(4) recommend to the board the applicants to be selected as First Steps partnerships and the grants to be awarded;
(5) submit an annual report to the board by November first which includes, but is not limited to, the statewide needs and resources available to meet the goals and purposes of First Steps, the ongoing progress and results of First Steps statewide and locally, fiscal information on the expenditure of funds, and recommendations and legislative proposals to further implement South Carolina First Steps statewide;
(6) provide for on-going data collection and contract for an in-depth performance audit every three years to ensure that statewide goals and requirements of First Steps are being met; and
(7) coordinate the First Steps initiative with all other state, federal, and local public and private efforts to promote good health and school readiness of young children.
Section 59-152-60. To be eligible to become a First Steps partnership, a private nonprofit corporation organized under Section 501(c)(3) of the Internal Revenue Code must be formed or expanded in a county or group of counties; however, developing partnerships which have not yet received 501(c)(3) status may qualify for grants if they have received a state charter for incorporation and meet other criteria as established by the board.
To be designated a developing partnership, an organization must have broad-based membership and meet any other requirements outlined by the First Steps board.
To be designated a First Steps partnership, the organization must:
(1) agree to coordinate a collaborative effort at the county or multi-county level which will bring the community together to identify the area needs related to the goals of First Steps to School Readiness; develop a comprehensive long-term plan for meeting those needs; and develop specific initiatives to implement the elements of the long-term plan;
(2) agree to coordinate and oversee the implementation of the partnership's initiatives, which may include such activities as direct service provision, contracting for service provision, and organization and management of volunteer programs;
(3) agree to a governing board for the partnership which is broad-based, as specified by the First Steps board and, to the extent possible within the area covered by the partnership, includes representatives from such groups as are on the First Steps board, school districts, local service agencies, and other persons with resources, skills, or knowledge that could contribute to the accomplishment of the goals of First Steps to School Readiness;
(4) implement fiscal policies and procedures as required by the First Steps office and as needed to ensure fiscal accountability;
(5) have policies and procedures for conducting meetings and disclosing records comparable to those provided for in the Freedom of Information Act; and
(6) agree to collect information and otherwise participate in the annual review and the three-year evaluation of operations and programs.
Section 59-152-70. Three levels of First Steps grants may be awarded as follows:
(1) Level One for the development of the collaborative effort and initiating a comprehensive plan;
(2) Level Two for development of the initiative and finalizing a comprehensive plan; and
(3) Level Three for implementation/management of activities and programs.
The level of grant awarded to a local partnership must be based on the readiness of the local partnership to implement the First Steps initiative. The First Steps board shall establish the criteria for qualifying for each grant level and the allocation amount for each. However, the allocations for the grants shall take into consideration the quality of the grant proposal, the population of children birth to age five contained in the area served by the partnership, the percentage of students in grades 1-3 who are eligible for the free and reduced price lunch program, and the area's ability to support the initiative.
Section 59-152-80. It is the intent of the General Assembly that First Steps be implemented as soon as local partnerships are ready to utilize the funds efficiently and effectively to improve services. To that end, for the first year of the initiative, no more than twelve Level Three implementation/management grants may be awarded; with at least one in each congressional district, if the local partnerships meet the criteria established by the First Steps board for an implementation/management grant. There are no limits to the number of Level One and Level Two grants that may be awarded; however, the First Steps board shall evaluate applicants based on their demonstrated capacity and the established criteria for each grant level.
Section 59-152-90. To obtain a grant, a First Steps partnership or developing partnership shall submit an application to the First Steps office in a format specified by the First Steps board. The application shall include, as appropriate to the level of grant applied for, a plan specifying the grant applied for, the level of funding requested, a description of need, assets, and resources based on the local needs assessment, and the proposed strategies to address the goals of South Carolina First Steps to School Readiness. Each grant may be awarded for up to three years and is renewable based upon criteria established by the First Steps board, including the results of performance audits.
Section 59-152-100. (A) To receive a Level Three implementation/management grant for First Steps to School Readiness, a First Steps partnership must develop a comprehensive, long-range plan to provide high quality early childhood development and education services. The plan must identify the needs of children and their families in the local area; determine how supports and services are to be organized and delivered; and establish interim goals for meeting the local and state goals for First Steps. In developing these plans, the First Steps partnership must be given sufficient flexibility, but they must be accountable for fiscal management, program management, and program results.
(B) All activities and services provided by a local partnership must be made available to young children and families on a voluntary basis and may include, but are not limited to:
(1) health services:
(a) prenatal and postpartum care and support;
(b) health care and early and periodic screenings, including developmental screenings and dental, vision, and hearing screenings;
(c) required immunizations;
(d) transportation services to health care;
(e) health and developmental services for children with disabilities;
(f) parent education services provided by health and education practitioners to parents of infants and young children;
(g) initiatives to reduce injuries to infants and toddlers;
(h) technical assistance and consultation for parents and child care providers on health and safety issues;
(2) education readiness:
(a) programs for building the foundations of reading and mathematics in young children;
(b) training incentives for child care and development workers;
(c) access to quality child care and development resources;
(d) technical assistance and professional development for child care and development providers;
(e) subsidized child-related services, including assistance for special needs children;
(3) family literacy and parenting:
(a) family literacy initiatives;
(b) parent education programs;
(c) other family-focused services.
Section 59-152-110. (A) Implementation/management grants provided to First Steps partnerships must be used to address the needs of young children and their families as identified in the partnerships' comprehensive plans. The funds must be used to expand, extend, or improve the quality of provided services if there is evidence as to existing programs' effectiveness, offer new or previously unavailable services in the area, or increase access to services. Grant funds may not supplant current expenditures by counties or state agencies on behalf of young children and their families and may not be used where other state or federal funding sources are available or could be made available to the geographic area covered by the partnership.
(B) A maximum of forty percent of all funds provided for local partnerships may be used to improve access to child care and development services, develop new child care services, or improve the quality of child care and development services in all settings, including in-home child care and development. However, only child care providers licensed or registered by the State may be beneficiaries or recipients of these funds.
(C) Funds for overhead costs must not exceed fifteen percent or a lesser rate as determined by the First Steps board based on audit findings.
(D) The grant may be used for capital expenses or to support activities and services for children, families, and providers. However, grant funds designated for activities and services may not be used for capital expenses unless the facilities are owned or operated by a public entity or a private nonprofit 501(c)(3) organization and the local partnership demonstrates to the satisfaction of the First Steps office that the capital expenditure is:
(1) a priority need for the local initiative and other state or federal funds for such projects are insufficient; and
(2) necessary to provide services to under-served children and families.
Funds approved for capital expenditures, as defined by the standard fiscal accountability system provided for in Section 59-152-130, may not exceed the level established by the First Steps board which must be a percent annually of the total funds for direct services applied to a local partnership's allocation.
Section 59-152-120. (A) The First Steps board, in conjunction with local partnerships and developing partnerships shall provide an annual statewide aggregate match as established by the First Steps board after consulting with business and foundation leadership. However, it shall be a goal that the statewide aggregate match be equal to ten percent of the State funds appropriated for the initiative. The First Steps board shall establish the match required of each local partnership and developing partnership and the timeframe within which the match must be provided. The match required of individual partnerships by the First Steps board should take into consideration such factors as:
(1) local wealth, using such indicators as the number and percentage of children eligible for free and reduced lunches in grades 1-3; and
(2) in-kind donated resources. Only in-kind donations, as defined by the standard fiscal accountability plan provided for in Section 59-152-130, which meet the criteria established by the First Steps board and that are quantifiable may be applied to the in-kind match requirement.
Expenses, including those paid both by cash and through in-kind contributions, incurred by other nonstate entities participating in local partnerships may be included in determining matching funds.
(B) The First Steps office shall establish guidelines and reporting formats for local partnerships to document expenses to ensure they meet matching fund requirements. The office shall compile a report annually on the private cash and in-kind contributions received by the First Steps Trust Fund and local partnerships.
Section 59-152-130. To ensure effective use of funds, awards under contract for local partnerships, with the approval of the First Steps office, may be carried forward and used in the following fiscal year. Funds appropriated to South Carolina First Steps to School Readiness may also be carried forward into subsequent years.
Section 59-152-140. (A) The First Steps office shall develop and require partnerships to adopt and implement a standard fiscal accountability system including, but not limited to, a uniform, standardized system of accounting, internal controls, payroll, fidelity bonding, chart of accounts, and contract management and monitoring. Additionally, the accountability system shall require competitive bids for the purchase or procurement of goods and services of ten thousand dollars or more. A bid other than the lowest bid may be accepted if other considerations outweigh the cost factor; however, written justification must be filed with the First Steps office. The First Steps office may contract with outside firms to develop and ensure implementation of this standard fiscal accountability system, and the First Steps office may inspect fiscal and program records of local partnerships and developing partnerships to ensure their compliance with the required system. The First Steps office may contract with a state entity with existing means for developing contracts and disbursing funds in order to make use of the existing infrastructure, if it is efficient and not administratively burdensome to partnerships.
(B) Each local partnership shall expend funds through the First Steps board or its fiscal designees until the capacity of the local partnership to manage its fiscal and administrative responsibilities in compliance with the standard accountability system has been reviewed and certified by the First Steps board or its designee.
Section 59-152-150. The First Steps board shall establish internal evaluation policies and procedures for local partnerships and developing partnerships for an annual review of the functioning of the partnership, implementation of strategies, and progress toward the interim goals and benchmarks as appropriate to the level of grant received. In instances where no progress has been made, the First Steps office shall provide targeted assistance and the First Steps board may terminate the grant. In addition, a program evaluation of the statewide and local First Steps to School Readiness must be conducted every three years by an independent, external evaluator under contract with the First Steps board; however, the selected evaluator shall be approved, and the evaluation overseen, by a committee consisting of three members, one appointed by the First Steps board, one appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the House and these committee members must be professionally recognized as proficient in child development, early childhood education, or a closely related field. Local partnerships must agree to participate in such an evaluation in order to receive a First Steps grant. Subsequent grant approval and grant allocations must be dependent, in part, on the results of the evaluations. If an evaluation finds no progress has been made in meeting local goals or implementing strategies as agreed to in the First Steps grant, the grant must be terminated.
The purpose of the evaluation is to assess progress toward achieving the First Steps goals and to determine the impact of the initiative on children and families at the state and local levels. The impact assessment shall include, but is not limited to, school readiness measures, benefits from child development services, immunization status, low birth-weight rates, parent literacy, parental involvement, and developmental screening results. Program evaluation reports must be reported to the General Assembly no later than three months after conclusion of the evaluation. All partnerships shall cooperate fully in collecting and providing data and information for the evaluation.
During the ninth year of the First Steps initiative, the Legislative Audit Council, using the cyclical evaluations as a basis, shall review the success and effectiveness of the initiative at the state and local levels and report to the General Assembly no later than January 1, 2009."
C. Article 17, Chapter 7, Title 20 of the 1976 Code is amended to read:
Section 20-7-5010. There is established the Children's First Steps Trust Fund of South Carolina, an eleemosynary corporation, the resources of which shall stimulate oversee the South Carolina First Steps to School Readiness initiative, a broad range of innovative child abuse and neglect prevention programs early childhood development and education, family support, health services, and prevention efforts to meet critical needs of South Carolina's children through the awarding of grants to private nonprofit organizations at the local level as provided for in Section 59-152-50. The trust fund shall may accept gifts, bequests, and grants from any person or foundation. The trust fund and grants from the fund shall supplement and augment, but not take the place of, services provided by state agencies. No state agency is eligible to receive funds under this article. The board of trustees for the trust fund shall carry out activities necessary to administer the fund including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants.
Section 20-7-5020. There is created the Board of Trustees for the Children's First Steps Trust Fund of South Carolina chaired by the Governor, who shall serve as an ex officio voting member of the board, or his designee. The board is composed of:
(1) nine fifteen members appointed by the Governor with the advice and consent of the Senate and shall include representatives of the following:
(a) parents of young children;
(b) the business community;
(c) the medical community;
(d) early childhood educators;
(e) child care and development providers; and
(f) First Steps partnership chairs, to be added when the first implementation/management grants are awarded;
(2) the State Superintendent of Education or his designee, as an ex officio voting member, who shall not serve as an officer of the board; and
(3) and the following ex officio nonvoting members:
(a) the Chairman of the Senate Education Committee or his designee;
(b) the Chairman of the House Education and Public Works Committee or his designee;
(c) the Director of the Department of Social Services or his designee;
(d) the Director of the Department of Health and Environmental Control or his designee;
(e) the Director of the Department of Health and Human Services or his designee;
(f) the Director of the Department of Mental Health or his designee;
(g) the Director of the Department of Disabilities and Special Needs or his designee; and
(h) the Director of the Department of Alcohol and Other Drug Abuse Services or his designee.
The Governor shall give consideration to recommendations for appointment made by the Joint Legislative Committee on Children. Of the members appointed by the Governor, one member must be appointed from each congressional district of the State, and three members must be appointed at large for the membership must be representative of all areas and regions of the State. The terms of the members are for four years and until successors are appointed and qualify, except members appointed from even-numbered congressional districts and one at-large member must be initially shall draw lots at the first meeting of the board to stagger the terms of office and determine one-half of the members to be appointed for terms of two years only. Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer. Members who miss more than three consecutive meetings without excuse or members who resign must be replaced by the Governor and shall serve until a successor is appointed or until the replaced member's term expires, whichever is earlier.
Three members must be knowledgeable in banking, finance, investments, tax laws, or business. Three members must be knowledgeable in the organization and administration of volunteer community services and grant administration. Three members must be knowledgeable in child development, child health, child psychology, education, juvenile delinquency, or other related field.
Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standards provided by law for boards, committees, and commissions.
A complete report of the activities of the trust fund must be made annually to the General Assembly and the State Auditor.
Section 20-7-5030. To carry out its assigned functions, the board is authorized, but not limited to:
(A)(1) assess the critical child abuse and neglect prevention needs of children in cooperation with state agencies, establish priorities, and develop goals and objectives for the Trust fund; develop the First Steps comprehensive, long-range initiative for improving early childhood development by providing, through public and private means through local projects, high-quality early childhood development and education services for children from the prenatal development period through age five and by providing support for their families;
(2) establish guidelines, policies, and procedures for implementing South Carolina First Steps to School Readiness;
(3) establish outcome measures and assess whether the services provided to children and families received through First Steps are meeting the goals and achieving the outcomes established for First Steps pursuant to Chapter 152, Title 59;
(4) assess and develop recommendations for ensuring coordination and increasing the efficiency and effectiveness of state programs and funding and other programs and funding sources, as allowable, as necessary to carry out the First Steps to School Readiness initiative, including additional fiscal strategies, redeployment of state resources, and development of new programs;
(5) establish the criteria for selection of First Steps partnerships and for the allocations for grants to the partnerships;
(6) select the First Steps partnerships and award the grants to the partnerships;
(7) provide for an information center for programs, grants, and technical assistance sources, contracting for the center and for technical assistance as needed;
(8) provide oversight on the implementation of First Steps at the state and local levels;
(9) report annually to the General Assembly by January first on activities and progress of First Steps, including recommendations for changes and legislative initiatives, and the results of the program evaluations;
(B)(10) receive gifts, bequests, and devises for deposit and investment into the trust fund and for awarding grants to private nonprofit organizations;
(C)(11) invest trust fund monies;
(D) solicit proposals for programs which will be aimed at meeting identified child abuse and neglect prevention needs;
(E) provide technical assistance to private, nonprofit organizations, when requested, in preparing proposals for submission to the Trust fund;
(F) establish criteria for awarding of grants for child abuse and neglect prevention which shall include the consideration of at least:
(1) the priority of the service need that the proposal addresses;
(2) the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives;
(3) a cost-benefit analysis of the project;
(4) the degree of community support for the proposal;
(5) the utilization of local resources including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not required;
(6) the qualifications of employees to be hired under the grant;
(7) the experience of the proposed project administrators in providing on- going accountability for the program.
(G) enter into contracts for the awarding of grants to private nonprofit organizations for child abuse and neglect prevention.
Section 20-7-5040. The board of trustees Governor may employ a director of the office of South Carolina First Steps to School Readiness and other staff as necessary to carry out the South Carolina First Steps to School Readiness initiative, established in Title 59, Chapter 152, and the duties and responsibilities assigned by the board. The director, with the approval of the board, shall hire such staff as is considered necessary to carry out the provisions of the initiative.
Section 20-7-5050. Until the Assets of the trust fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the Trust fund each year from contributions plus all earnings from the investment of monies of the Trust fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon the authorization of the board of trustees.
When the assets in the Trust fund exceed five million dollars, all credited earnings plus all future annual deposits to the Trust fund from contributions are available for disbursement upon the authorization of the board. At least six of the board members shall authorize the disbursement of funds and any other funds received by the board from private donations or appropriations from the General Assembly are subject to the provisions of Title 59, Chapter 152.
Section 20-7-5060. Funds from the receipt of contributions pursuant to Section 12-7-2416 12-6-5060 must be deposited in the trust fund for disbursement as prescribed by this article."
D. The 1976 Code is amended by adding:
"Section 43-1-240. The State Department of Social Services in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels."
E. The 1976 Code is amended by adding:
"Section 44-1-280. The Board and Department of Health and Environmental Control in establishing priorities and funding for programs and services which impact on children and families during the first years of a child's life, within the powers and duties granted to it, must support, as appropriate, the South Carolina First Steps to School Readiness initiative, as established in Title 59, Chapter 152, at the state and local levels."
F. It is the intent of the General Assembly that state agencies involved in early child care and development and education and in health and support services to families with young children shall actively support the South Carolina First Steps to School Readiness initiative. In addition to those agencies answering directly to the Governor, those agencies headed by boards and commissions or constitutional officers shall use their resources to support, as appropriate, the goals of the First Steps initiative reflected in Section 59-152-20 and the long-term plans of the First Steps partnerships and to assure that relevant planning documents or processes are consistent with, and supportive of, the goals of the First Steps initiative and plans of the partnerships.
G. Where the name of the Children's Trust Fund of South Carolina occurs in the 1976 Code or in any other provision of law, it must be construed to mean the Children's First Steps Trust Fund of South Carolina. The Code Commissioner shall change "Children's Trust Fund of South Carolina" to "Children's First Steps Trust Fund of South Carolina" in the 1976 Code as is practical and economically feasible.
H. The provisions of Article 17, Chapter 7, Title 20 of the 1976 Code, amended in Section 3 of this act, that affect the designation of the Children's Trust Fund on state income tax forms apply to taxable years beginning after 1998.
I. The terms of the members of the Board of Trustees of the Children's Trust Fund of South Carolina, provided for in Section 20-7-5020 of the 1976 Code prior to amendment by this act, expire on this act's effective date. Funds remaining in the Children's Trust Fund of South Carolina immediately prior to this act's effective date must be expended in accordance with the purposes provided for in Section 20-7-5010 of the 1976 Code prior to amendment by this act.
J. This section takes effect July 1, 1999.
TO AMEND SECTION 59-18-1530 OF THE 1976 CODE, RELATING TO TEACHER AND PRINCIPAL SPECIALISTS AND THE SALARY SUPPLEMENTS RECEIVED BY THEM, SO AS TO DELETE LANGUAGE RELATING TO THE INCLUSION OF THE SUPPLEMENT IN THE COMPUTATION OF AVERAGE FINAL COMPENSATION FOR RETIREMENT PURPOSES.
Section 59-18-1530(F) of the 1976 Code, as added by Act 400 of 1998, is amended to read:
"(F) The supplements are to be considered part of the regular salary base for which retirement contributions are deductible by the South Carolina Retirement System pursuant to Section 9-1-1020. For the purpose of determining average final compensation as defined in Section 9-1-10, the supplement authorized in this section shall entitle a specialist to have added to their average final compensation at the time of retirement an amount not to exceed an additional forty-five days' pay, based on the specialist's regular annual compensation at their home school location. A specialist shall be entitled to fifteen days' pay, for the purposes of this section, for each year of service as a specialist on site. Principal and teacher specialists on site who are assigned to below average and unsatisfactory schools shall be allowed to return to employment with their previous district at the end of the contract period with the same teaching or administrative contract status as when they left but without assurance as to the school or supplemental position to which they may be assigned."
TO AMEND SECTION 8-11-40, AS AMENDED, OF THE 1976 CODE, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO EXPAND THE DEFINITION OF "IMMEDIATE FAMILY" TO INCLUDE THE BROTHER, SISTER, OR GRANDPARENT OF AN EMPLOYEE OR AN EMPLOYEE'S SPOUSE.
A. Section 8-11-40 of the 1976 Code, as last amended by Acts 53 and 171 of 1991, is further amended to read:
"Section 8-11-40. All permanent full-time state employees are entitled to fifteen days sick leave a year with pay. Sick leave is earned by permanent full-time state employees at the rate of one and one-fourth days a month and may be accumulated, but no more than one hundred eighty days may be carried over from one calendar year to another. The department or agency head is authorized to grant additional sick leave in extenuating circumstances upon approval of the State Budget and Control Board. All permanent part-time and hourly employees are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified herein. In the event an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board, through the Division of Personnel, may promulgate those regulations in accordance with law as may be necessary to administer the provisions of this section, including the power to define the use of sick leave.
Permanent full-time state employees who are temporarily disabled as a result of an assault by an inmate, patient, or client must be placed on administrative leave with pay by their employer rather than sick leave. The period of administrative leave per incident may not exceed one hundred eighty calendar days.
Employees earning sick leave as provided in this section may use not more than eight days of sick leave annually to care for ill members of their immediate families. For purposes of this section, "immediate family" means a spouse, children, mother, father, a spouse's mother and father, legal guardian, a spouse's legal guardian, and grandchildren if the grandchild resides with the employee, and the employee is the primary caretaker of the grandchild the employee's 'immediate family' means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, or legal guardian and grandchildren if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 59-123-60 OF THE 1976 CODE RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO MAKE CONTRACTS AND TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS.
Section 59-123-60 of the 1976 Code is amended to read:
"Section 59-123-60. The board of trustees shall elect one of its number to be chairman and is authorized to elect a university president, one or more vice-presidents, and a secretary, prescribe their duties and terms of office, and fix their compensation. It shall elect teachers of professorial rank in the various colleges which make up The Medical University of South Carolina and other officers and employees as may be necessary for the proper conduct of the university and fix their compensation, the fees and charges of students, and the rules for the government of the university. The board of trustees also has the following powers:
(1) to make bylaws and regulations considered expedient for the management of its affairs and its own operations not inconsistent with the Constitution and laws of this State or of the United States;
(2) to confer the appropriate degrees in medicine, dental medicine, pharmacy, nursing, health-related professions, and graduate studies in related health fields upon students and other persons as in the opinion of the board of trustees may be qualified to receive them.; and
(3) to make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes; and to sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making room for other construction. These powers must be exercised in a manner consistent with the provisions of Chapter 35 of Title 11."
TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.
A. Title 59 of the 1976 Code is amended by adding:
Section 59-146-10. This chapter may be cited as the 'State School Facilities Bond Act'.
Section 59-146-20. It is declared that, for the benefit of the people of the State, the increase of their commerce, welfare and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the full opportunity to learn and to develop their intellectual and mental capacities; that it is essential that school districts of this State be provided with adequate educational facilities and appropriate additional means to assist the youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance to enable school districts in this State to provide the facilities and structures which are needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided in this chapter.
Section 59-146-30. As used in this chapter:
(1) 'Department' means the State Department of Education.
(2) 'School district' means a public body corporate and politic operating as a school district under the provisions of Chapter 17, Title 59.
(3) 'School facilities' means only those facilities defined as 'school facilities' in Section 59-144-30.
(4) 'State Board' means the State Board of Education.
(5) 'State school facilities bonds' means general obligation bonds of the State of South Carolina issued under the authority of this chapter.
Section 59-146-40. In order to obtain funds for allocation to school districts for school facilities, there shall be issued from time to time state school facilities bonds under the conditions prescribed by this chapter.
Section 59-146-50. The maximum principal amount of state school facilities bonds that may be issued pursuant to this chapter shall not exceed seven hundred fifty million dollars except that this limitation shall not apply to any state school facilities bonds issued for the purpose of refunding prior issues of state school facilities bonds. It is the intent of the General Assembly for the Department of Education to allocate seven hundred fifty million dollars pursuant to Section 59-144-100 and to inform each school district of their individual allocation. Further, it is the intent of the General Assembly that not more than two hundred fifty million dollars of state school facilities bonds shall be issued in fiscal year 1999-2000, except that no bonds issued in fiscal year 1999-2000 may be released until after January 1, 2000. The authority to issue bonds under this chapter shall expire four years from the effective date of this chapter. The four-year limitation, however, does not apply to bonds issued to retire bond anticipation notes.
Section 59-146-60. The State Board of Education, by resolution, shall notify the State Budget and Control Board of the following:
(1) the amount then required for allocation to local school districts for school facilities for the next fiscal year;
(2) a tentative time schedule setting forth the period of time during which the sum requested will be expended;
(3) a debt service table showing the annual principal and interest requirements for all state school facilities bonds then outstanding; and
(4) the total amount of all state school facilities bonds issued.
This notification shall be presented to the Budget and Control Board by March first of each year.
Section 59-146-70. Following the receipt of the notification presented pursuant to Section 59-146-60, the State Budget and Control Board shall, by resolution duly adopted, effect the issuance of state school facilities bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.
Section 59-146-80. In order to effect the issuance of state school facilities bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of state school facilities bonds pursuant to the provisions of this chapter. The authorizing resolution must include:
(1) schedules setting forth the aggregate of all general obligation debt of the State (excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes) together with certificates of the State Treasurer and State Auditor evidencing compliance with the provisions of paragraph 6(c) of Section 13 of Article X of the South Carolina Constitution;
(2) a schedule showing the aggregate of state school facilities bonds issued, the purposes for which they were issued, the annual payments required to retire the state school facilities bonds, the interest thereon, and the amount of any special funds applicable to the retirement of the outstanding state school facilities bonds;
(3) the amount of state school facilities bonds to be issued; and
(4) a schedule showing future annual principal requirements and estimated annual interest requirements on the state school facilities bonds to be issued.
Section 59-146-90. The state school facilities bonds must bear the date and mature at the time that the resolution provides, except that no state school facilities bonds may mature more than thirty years from its date of issue. The state school facilities bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State Budget and Control Board before their issuance. The bonds may bear interest payable at the times and at the rates as determined by the State Budget and Control Board.
Section 59-146-100. All state school facilities bonds issued under this chapter are exempt from taxation as provided in Section 12-2-50.
Section 59-146-110. All state school facilities bonds issued under this chapter must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the state school facilities bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.
Section 59-146-120. For the payment of the principal and interest on all state school facilities bonds issued and outstanding pursuant to this chapter there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of paragraph (4) of Section 13 of Article X of the South Carolina Constitution, the General Assembly hereby allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.
Section 59-146-130. State school facilities bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The state school facilities bonds may be awarded only to the lowest interest cost bidder, but the right is reserved to reject all bids and to readvertise the state school facilities bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Budget and Control Board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.
Section 59-146-140. The proceeds of the sale of state school facilities bonds shall be received by the State Treasurer and applied by him to the purposes for which issued, except that the accrued interest, if any, shall be used to discharge in part the first interest to become due on such bonds, and the premium, if any, shall be used to discharge the payment of the first installment of principal to become due on such bonds, but the purchasers of such bonds shall in no way be liable for the proper application of the proceeds to the purposes for which they are intended.
Section 59-146-150. It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter.
Section 59-146-160. The proceeds received from the issuance of state school facilities bonds, after deducting the costs of issuance, must be allocated to the school districts in the same manner and for the same purposes as provided in Section 59-144-100 and the first paragraph of Section 59-144-30.
Section 59-146-170. The responsibilities and duties of the State Department of Education and State Board of Education shall be as outlined in Sections 59-144-120, 59-144-130, and 59-144-140.
Section 59-146-180. To qualify for the funds under this chapter, each school district shall meet the requirements of this chapter and any guidelines promulgated hereunder. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when appropriate use of funds is documented."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-125 SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL ESTABLISH A SEPARATE ACCOUNT FOR THE DEPOSIT OF THE NET PROCEEDS OF THE SALE OR NET ANNUAL CHARGES DERIVED FROM A SALE/LEASEBACK AND REPURCHASE OPTION AGREEMENT ENTERED INTO BY THE STATE FOR A PARCEL OF REAL PROPERTY, TO PROVIDE THAT FUNDS HELD IN THIS ACCOUNT MUST BE USED ONLY FOR CERTAIN PURPOSES, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT FUNDS TO ENABLE THE BUDGET AND CONTROL BOARD TO MEET THE EXPENDITURES ASSOCIATED WITH A SALE/LEASEBACK AGREEMENT INVOLVING REAL PROPERTY.
A. The 1976 Code is amended by adding:
"Section 1-11-125. (A) The Budget and Control Board shall establish an account for the deposit of the net proceeds of the sale or net annual charges derived from a sale/leaseback and repurchase option agreement entered into by the State for a parcel of real property. Funds held in this account must be used only for the purpose of repurchasing the property, or the establishment of a reserve fund, or both, as contained in the contract documents for the property, until the agreements on the property are fulfilled.
(B) The General Assembly shall appropriate annually sufficient funds to enable the Budget and Control Board to meet the required lease payments and other necessary expenditures associated with a sale/leaseback agreement involving real property."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-115 SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL ASSESS AND COLLECT A RENTAL CHARGE FROM ALL DEPARTMENTS AND AGENCIES OF STATE GOVERNMENT OCCUPYING BUDGET AND CONTROL BOARD SPACE IN STATE-CONTROLLED OFFICE BUILDINGS, TO PROVIDE THE METHOD OF CALCULATING THE RENTAL CHARGE, TO PROVIDE THAT THE AMOUNT COLLECTED MUST BE DEPOSITED IN A SPECIAL ACCOUNT AND EXPENDED FOR CERTAIN PURPOSES, AND TO PROVIDE THE METHOD OF PAYMENT WHEN A DEPARTMENT OR AGENCY RECEIVES NON-APPROPRIATED FUNDS.
A. The 1976 Code is amended by adding:
"Section 1-11-115. (A) The Budget and Control Board shall assess and collect a rental charge from all departments and agencies of the State occupying Budget and Control Board space in State-controlled office buildings. The amount charged each department or agency must be calculated on a square foot, or other equitable basis of measurement, and at rates that yield sufficient total annual revenue to cover the annual principal and interest due or anticipated on the Capital Improvement Obligations for projects administered or planned by the Office of General Services, and maintenance and operation costs of and Budget and Control Board-controlled office buildings under the supervision of the Office of General Services. The amount collected must be deposited in a special account and must be expended only for payment on Capital Improvement Obligations and maintenance and operations costs of the buildings under the supervision of the Office of General Services.
(B) All departments and agencies against which rental charges are assessed and whose operations are financed in whole or in part by federal or other non-appropriated funds, or both, must apportion the payment of these charges equitably among all funds, so that each bears its proportionate share."
B. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1795 SO AS TO PROVIDE THAT THE LIMITATION ON THE AMOUNT OF EARNINGS IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE RETIREMENT SYSTEM WITHOUT LOSS OF RETIREMENT BENEFITS DOES NOT APPLY TO THE EARNINGS OF A CERTIFIED TEACHER WHO IS EMPLOYED BY A SCHOOL DISTRICT IN HIS AREA OF CERTIFICATION IN A CRITICAL ACADEMIC OR GEOGRAPHIC NEED AREA AS DEFINED BY THE STATE BOARD OF EDUCATION AND TO PROVIDE A PROCEDURE BY WHICH THIS TEACHER MAY BE EMPLOYED.
A. The General Assembly finds that:
(1) educational improvement is the primary issue in this State and that teaching experience is one of the keys to educational improvement;
(2) South Carolina is faced with a teacher shortage; and
(3) incentives, and funding for these incentives, for rewarding and retaining experienced teachers are vital to maintaining a professional teaching core.
B. Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1795. (A) A retired member of the system may return to employment covered by the system without affecting the monthly retirement allowance he is receiving from the system, if the retired member is a certified teacher and is employed by a school district in his area of certification in a critical academic need area or geographic need area as defined by the State Board of Education.
(B) For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, non-retired member is available for employment in the position and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before July 15 of each year. After approval is received from the Department of Education, school districts must notify the State Board of Education of the engagement of a retired member as a teacher and the department must notify the State Retirement System of their exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member.
(C) A school district shall pay to the system the employer contribution for active members prescribed by law with respect to any retired member engaged to perform services for the district, regardless of whether the retired member is a full-time or part-time employee, a temporary or permanent employee. If a district which is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the district by the State."
C. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-120 SO AS TO PROVIDE THAT ALL FUNDS INVOLVED IN THE SETTLEMENT OF ASBESTOS LITIGATION CASES, EXCEPT FUNDS INVOLVING THE UNIVERSITY OF SOUTH CAROLINA AND CLEMSON UNIVERSITY, MUST BE DEPOSITED INTO AN INTEREST BEARING ACCOUNT IN THE STATE TREASURER'S OFFICE ENTITLED "ASBESTOS EXPENSE TRUST ACCOUNT", TO PROVIDE THAT FUNDS INVOLVING THE UNIVERSITY OF SOUTH CAROLINA AND CLEMSON UNIVERSITY MUST BE DEPOSITED INTO SEPARATE INSTITUTIONAL INTEREST-BEARING ACCOUNTS ENTITLED "ASBESTOS EXPENSE TRUST ACCOUNT" MAINTAINED BY THE STATE TREASURER, AND TO PROVIDE THAT THESE ACCOUNTS MUST BE USED ONLY FOR EXPENSES RELATING TO ASBESTOS LITIGATION, ABATEMENT, OR OTHER ASBESTOS RELATED EXPENSES OR PROJECTS.
A. The 1976 Code is amended by adding:
"Section 1-11-120. All funds involved in the settlement of asbestos litigation cases, with the exception of those funds involving the University of South Carolina System and Clemson University, must be deposited into an interest-bearing account in the State Treasurer's Office entitled 'Asbestos Expense Trust Account'. The University of South Carolina System and Clemson University must deposit all funds involved in the settlement of asbestos litigation into separate institutional interest-bearing accounts entitled 'Asbestos Expense Trust Account', with each institution's name appropriately captioned in its respective account maintained in the State Treasurer's Office. These accounts must be used only for expenses relating to asbestos litigation, asbestos abatement, or other asbestos-related expenses or projects. These projects must be approved by the Budget and Control Board after review by the Joint Bond Review Committee."
B. This section takes effect July 1, 1999.
TO NAME THE BRIDGE TO BE BUILT REPLACING THE JOHN P. GRACE BRIDGE AND THE SILAS N. PEARMAN BRIDGE IN CHARLESTON COUNTY THE "ARTHUR RAVENEL, JR. BRIDGE" AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SUCH SIGNS AS APPROPRIATE TO DESIGNATE AND NAME THE NEW BRIDGE OVER THE COOPER RIVER AS THE "ARTHUR RAVENEL, JR. BRIDGE".
A. Whereas, Senator Arthur Ravenel, Jr. is a distinguished member of the South Carolina General Assembly; and
Whereas, Senator Ravenel previously served in both the South Carolina House of Representatives and the South Carolina Senate before offering as a candidate for the United States Congress; and
Whereas, in 1987 Senator Ravenel was elected to the United States Congress where he served until 1995; and
Whereas, he is recognized by the business community and governmental leaders across the State for his dedicated efforts in improving the state's transportation network; and
Whereas, Senator Ravenel was instrumental in working with state and local officials to pass legislation to create the State Infrastructure Bank on which he now serves as a member; and
Whereas, through his dedicated efforts as a State Senator, he is helping to identify the necessary funding sources to expedite the building of a new bridge to replace the bridges over the Cooper River so that the citizens of this State may have better and safer access to our coastal regions.
B. The Department of Transportation is directed to name the new bridge to be built over the Cooper River in Charleston County, replacing the John P. Grace Bridge and the Silas N. Pearman Bridge, the 'Arthur Ravenel, Jr. Bridge'. The Department of Transportation shall install appropriate markers or signs at places along the highway as the department considers advisable containing the words 'Arthur Ravenel, Jr. Bridge'.
C. This section takes effect July 1, 1999.
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-225 SO AS TO DIRECT THE DIVISION OF OPERATIONS OF THE BUDGET AND CONTROL BOARD TO ESTABLISH A COST ALLOCATION PLAN TO RECOVER THE COST OF OPERATING THE COMPREHENSIVE STATEWIDE FLEET MANAGEMENT PROGRAM AND TO ALLOW THE DIVISION TO COLLECT, RETAIN, AND CARRY FORWARD FUNDS TO ENSURE CONTINUOUS ADMINISTRATION OF THE PROGRAM.
A. The 1976 Code is amended by adding:
"Section 1-11-225. The Division of Operations of the Budget and Control Board shall establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. The division shall collect, retain, and carry forward funds to ensure continuous administration of the program."
B. This section takes effect July 1, 1999.
TO AMEND CHAPTER 11, TITLE 1 OF THE 1976 CODE, RELATING TO THE GENERAL PROVISIONS CONCERNING THE BUDGET AND CONTROL BOARD, SO AS TO ADD SECTION 1-11-480, TO AUTHORIZE THE BOARD TO HIRE CONSULTANTS OR A MANAGEMENT FIRM TO ASSIST IN THE ADMINISTRATION OF THE UNEMPLOYMENT COMPENSATION PROGRAM FOR STATE EMPLOYEES, TO AUTHORIZE THE BOARD TO TRANSFER FUNDS FOR THIS PURPOSE AND TO REQUIRE THE BOARD TO ANNUALLY REPORT TO THE GENERAL ASSEMBLY ON THE PAYMENTS TO THE CONSULTANTS OR MANAGEMENT FIRM.
A. The 1976 Code is amended by adding:
"Section 1-11-480. The State Budget and Control Board is authorized to hire consultants or a management firm to assist in the administration of the unemployment compensation program for state employees and, for that purpose, may use funds appropriated or otherwise made available for unemployment payments. The Budget and Control Board is authorized to make the transfers necessary to accomplish this purpose. The Budget and Control Board shall report in writing annually to the General Assembly the complete name, address, and amounts paid to the consultants or management firm."
B. This section takes effect July 1, 1999.
TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT; TO AMEND SECTION 2-7-105, AS AMENDED, OF THE 1976 CODE, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE AMOUNT OF BONDS WHICH MAY BE ISSUED.
A. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 1, Act 111 of 1997, is further amended by adding:
"A. COLLEGES AND UNIVERSITIES
(a) The Citadel
Padget-Thomas Hall Replacement 8,000,000
(b) Clemson University
Long Hall 4,000,000
Littlejohn Coliseum 9,000,000
(c) University of Charleston
Physical Education Center 12,000,000
Simons Center for the Arts 3,000,000
(d) Coastal Carolina University
Humanities and Fine Arts Building 5,601,500
(e) Francis Marion University
Energy Facility Upgrade 525,000
(f) Lander University-Renovation of
Campus Electronic Communications
Infrastructure 988,000
(g) South Carolina State University
Hodge Hall Science Building 10,000,000
Deferred Maintenance-Phase One 7,500,000
(h) University of South Carolina
Columbia (including Medical School)
School of Public Health 3,500,000
Arena 7,500,000
Wellness and Fitness Center 3,000,000
School of Law - New Building 5,000,000
(i) USC - Aiken Campus
Student Activities Center 3,200,000
(j) USC - Beaufort Campus
New River Facility 2,500,000
(k) USC - Spartanburg
Information Resources Center 1,000,000
(l) USC - Sumter Campus
Alice Drive Baptist Church-Acquisition 1,500,000
(m) Winthrop University
Peabody Gymnasium 4,400,000
(n) Medical University of South Carolina
Hollings Cancer Center-Expansion 10,000,000
B. STATE TECHNICAL AND COMPREHENSIVE EDUCATION
(a) Technical System
Education and Training Equipment 13,000,000
(b) Aiken Technical College
Health and Sciences Building 5,325,000
(c) Central Carolina Technical College
EF Dubose Career Center 9,611,309
(d) Denmark Technical College
Library 2,000,000
(e) Horry-Georgetown Technical College
Library/Student Center 7,136,224
(f) Greenville Technical College
Education Center 7,500,000
(g) Midlands Technical College
Information Tech Center NE Campus 5,280,000
(h) Orangeburg-Calhoun Technical College
Library, Cafeteria, and
Student Service Area 4,256,000
(i) Spartanburg Technical College
Student Services Building 1,000,000
(j) Piedmont Technical College
Laurens County Higher
Education Center 4,000,000
Edgefield County Center Renovation 900,000
(k) York Technical College
Building C Expansion 2,100,000
(l) Williamsburg County Technical College
Roof Replacement-Buildings A & B 600,000
Computer Equipment and Software 599,723
C. OTHER EDUCATIONAL AGENCIES
(a) ETV
Conversion to Digital Transmission 10,000,000
(b) Governor's School for Science and Math
Renovation of Facility 6,000,000
(c) School for the Deaf and Blind
Walker Hall Renovation 11,920,000
(d) Wil Lou Gray
Roof System 1,000,000
Flooring 1,000,000
D. PUBLIC EDUCATION
(a) Department of Education
School Buses and Maintenance
Vehicles 15,000,000
Twelve new school buses to go to the South Carolina School for the Deaf and blind; two new school buses to go to the Wil Lou Gray Opportunity School; and two new thirty-passenger vans to go to the John de la Howe School must be provided from the funds authorized.
E. OTHER AGENCIES
(a) Department of Agriculture
Columbia Farmer's Market 10,000,000
(b) Budget and Control Board
Deferred Maintenance 4,281,193
(c) Clemson PSA
Agriculture and Life Science Complex 10,000,000
Edisto Center 4,000,000
(d) Department of Commerce
Lake Marion Water Agency 8,000,000
Spartanburg Renaissance Center 2,000,000
(e) Department of Mental Health
Greenville Mental Health Center 5,985,000
Kershaw/Santee/Wateree Center 2,300,000
Greenwood Beckman Health Center 4,700,000
(f) Department of Natural Resources
Florence HQ Building 500,000
Greenwood HQ Building 500,000
(g) Department of Parks, Recreation and Tourism
State Parks 10,000,000
(h) State Library
Cherokee County Library 500,000
Local Library Initiatives 2,057,000
Funds appropriated to the State Library for local library initiatives must be allocated as follows:
Dillion $1,000,000
Lake City 750,000
Gaston 7,000
Darlington 100,000
Hartsville 100,000
Bamberg 100,000
(i) State Ports Authority
Harbor Dredging 24,000,000"
B. Section 4 of Act 1377 of 1968, as last amended by Section 2, Act 111 of 1997, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $2,445,465,475.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970 or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."
C. This section takes effect July 1, 1999.
TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT REGISTRATION AND LICENSING FEES SO AS TO INCREASE THE FEES ASSOCIATED WITH DELINQUENT REGISTRATION AND LICENSING OF A MOTOR VEHICLE AND TO AUTHORIZE THE DEPARTMENT TO RETAIN ANY ADDITIONAL MONIES COLLECTED FOR THE PURPOSE OF PROVIDING A BUILDING FUND FOR THE DEPARTMENT.
A. Section 56-3-840 of the 1976 Code is amended to read:
"Section 56-3-840. The owner of every vehicle required to be registered and licensed under the provisions of this chapter who fails to register and license the vehicle and pay the specified fees or renewal, when and as required, upon registering the vehicle shall pay to the department a delinquency penalty fee of ten dollars, if the owner is delinquent less than fifteen days five dollars. If the owner is delinquent by fifteen days but less than thirty days, he shall pay a delinquency penalty of twenty-five dollars. If the owner is delinquent by more than thirty days but less than ninety days, he shall pay a delinquency penalty fee of ten fifty dollars to the department. If the owner is delinquent by more than ninety days, he shall pay a delinquency penalty fee of twenty-five seventy-five dollars to the department. However, there is no delinquency penalty fee for campers and travel trailers subject to the registration fee under Section 56-3-720.
A person who drives, moves, or operates on a highway a vehicle for which a registration and license are required but have not been obtained within thirty days of the date when required is guilty of a misdemeanor.
All monies collected pursuant to Section 56-3-840, not to exceed 2.7 million dollars or the actual revenues collected in fiscal year 1998-99, whichever is less, must be held in reserve for the department. Notwithstanding any other provision of law, these monies must be deposited to the credit of the department into a special fund in the Office of the State Treasurer and called the 'Department of Public Safety Building Fund'. The department must use these monies and other unobligated monies for the purpose of issuing revenue bonds or for entering into a lease purchase agreement for a headquarters building, including the renovation of existing facilities. All monies credited to the special account that exceed the funds necessary for the purposes authorized in this Section must be used for other capital projects throughout the state. Projects other than the construction or purchase of a new headquarters building, including the expansion or renovation to the existing facility, must be approved by a joint resolution. The cost of a headquarters building must not exceed thirty million dollars."
B. This act takes effect upon approval by the Governor.
TO AMEND SECTION 1-11-720 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION, THE PALMETTO STATE TEACHERS' ASSOCIATION, THE SOUTH CAROLINA EDUCATION ASSOCIATION, THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
A. Section 1-11-720(A) of the 1976 Code is amended by adding appropriately numbered items at the end to read:
( ) the South Carolina State Employees' Association;
( ) the Palmetto State Teachers' Association;
( ) the South Carolina Education Association;
( ) the South Carolina Association of School Administrators;
( ) the South Carolina School Boards Association; and
( ) the South Carolina Student Loan Corporation."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
A. Section 12-6-40(A) of the 1976 Code, as last amended by Act 268 of 1998, is further amended to read:
"Section 12-6-40(A). 'Internal Revenue Code' mean the Internal Revenue Code of 1986 as amended through December 31, 1997 1998, and includes the effective date provisions contained therein."
B. This section takes effect for tax years beginning after 1998.
TO AMEND SECTION 12-43-220, AS AMENDED, OF THE 1976 CODE, RELATING TO CLASSIFICATION AND THE APPLICABLE ASSESSMENT RATIO OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT OWNER-OCCUPIED RESIDENTIAL PROPERTY RECEIVING THE FOUR PERCENT ASSESSMENT RATIO RETAINS THAT ASSESSMENT RATIO, THE RESIDENTIAL EXEMPTION FROM SCHOOL OPERATING MILLAGE, AND THE HOMESTEAD EXEMPTION, IF APPLICABLE, FOR THE ENTIRE YEAR IN WHICH THE OWNERSHIP OR USE OF SUCH PROPERTY CHANGES AND TO MAKE CONFORMING AMENDMENTS.
A. Section 12-43-220(c) of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:
"(c)(1) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, and additional dwellings located on the same property and occupied by immediate family members of the owner of the interest, are taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify as a legal residence unless the residence is determined to be the domicile of the owner-applicant. A taxpayer may receive the four percent assessment ratio on only one residence for a tax year.
(2)(i) To qualify for the special property tax assessment ratio allowed by this item, the owner-occupant must have actually owned and occupied the residence as his legal residence and been domiciled at that address for some period during the applicable tax year. and remain in that status at the time of filing the application required by this item. A residence which has been qualified as a legal residence for any part of the year is entitled to the four percent assessment ratio provided in this item for the entire year, for the exemption from property taxes levied for school operations pursuant to Section 12-37-251 for the entire year, and for the homestead exemption under Section 12-37-250, if otherwise eligible, for the entire year.
(ii) This item does not apply unless the owner of the property or the owner's agent applies for the four percent assessment ratio before the first penalty date for the payment of taxes for the tax year for which the owner first claims eligibility for this assessment ratio. In the application the owner or his agent must certify to the following statement:
'Under penalty of perjury I certify that:
(A) the residence which is the subject of this application is my legal residence and where I am domiciled; and
(B) that neither I nor any other member of my household own any other residence in South Carolina which currently receives the owner-occupant four percent assessment ratio is residing in or occupying any other residence in South Carolina which I or any member of my immediate family have qualified for the special assessment ratio allowed by this section.'
(iii) For purposes of subitem (ii)(B) of this item, 'a member of my household' means:
(A) the owner-occupant's spouse, except when that spouse is legally separated from the owner-occupant; and
(B) any child of the owner-occupant claimed or eligible to be claimed as a dependent on the owner-occupant's federal income tax return.
(iv) In addition to the certification, the burden of proof for eligibility for the four percent assessment ratio is on the owner-occupant and the applicant must provide proof the assessor requires including, but not limited to:
(A) a copy of the owner-occupant's most recently filed South Carolina individual income tax return;
(B) copies of South Carolina motor vehicle registrations for all motor vehicles registered in the name of the owner-occupant.;
(C) other proof required by the assessor necessary to determine eligibility for the assessment ratio allowed by this item.
If the assessor determines the owner-occupant ineligible, the six percent property tax assessment ratio applies and the owner-occupant may appeal the classification as provided in Chapter 60 of this title.
(v) A member of the armed forces of the United States on active duty who is a legal resident of and domiciled in another state is nevertheless deemed a legal resident and domiciled in this State for purposes of this item if the member's permanent duty station is in this State. A copy of the member's orders filed with the assessor is considered proof sufficient of the member's permanent duty station.
(vi) No further applications are necessary from the current owner while the property for which the initial application was made continues to meet the eligibility requirements. If a change in ownership or use occurs, another application is required. The owner the owner who had qualified for the special assessment ratio allowed by this section shall notify the assessor of any the change in classification within six months of the change. Another application is required by the new owner to qualify the residence for future years for the four percent assessment ratio allowed by this section. If a change in ownership occurs and the new owner does not qualify for the four percent assessment ratio, the six percent assessment ratio shall apply to the property only for the portion of the tax year in which the property is owned by the new owner. For the portion of the tax year in which the person qualifying for the four percent assessment ratio owned the property, the four percent assessment ratio shall apply.
(vii) If a person signs the certification, obtains the four percent assessment ratio, and is thereafter found not eligible, or thereafter loses eligibility and fails to notify the assessor within six months, a penalty is imposed equal to one hundred percent of the tax paid, plus interest on that amount at the rate of one-half of one percent a month, but in no case less than thirty dollars nor more than the current year's taxes. This penalty and any interest are considered ad valorem taxes due on the property for purposes of collection and enforcement.
(viii) Failure to file within the prescribed time constitutes abandonment of the owner's right for this classification for the current tax year, but the local taxing authority may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing before the first penalty date.
(3) Notwithstanding any other provision of law, a taxpayer may apply for a refund of property taxes overpaid because the property was eligible for the legal residence assessment ratio. The application must be made in accordance with Section 12-60-2560. The taxpayer must establish that the property in question was in fact his legal residence and where he was domiciled. A county council, by ordinance, may allow refunds for the county government portion of property taxes for such additional past years as it determines advisable.
(4) A legal residence qualifying for the four percent assessment ratio provided by this item must have an assessed value of not less than one hundred dollars.
[Subparagraph (5) effective for property tax years beginning after 1998.]
(5) To qualify for the four percent assessment ratio, the owner-occupant of a legal residence that is being purchased under a contract for sale or a bond for title must record the contract for sale or the bond for title in the office of the register of mesne conveyances or the clerk of court in those counties where the office of the register of mesne conveyances has been abolished.
For purposes of this subsection, a contract for sale or a bond for title is the sale of real property by a seller, who finances the sale and retains title to the property solely as security for the debt."
B. This section is effective July 1, 1999, for property tax years beginning after 1998.
TO AMEND SECTION 58-3-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE COMPENSATED AT A RATE EQUAL TO THE EMPLOYMENT SECURITY COMMISSION.
A. Section 58-3-70 of the 1976 Code is amended to read:
"Section 58-3-70. The chairman and members of the commission shall receive annual salaries which are set at a rate equal to the salaries paid to the chairman and members of the Employment Security Commission and which are payable in the same manner as the salaries of other state officers are paid."
B. This act takes effect July 1, 1999.
TO AMEND CHAPTER 101, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-187, SO AS TO PROVIDE THAT A GOVERNING BOARD OF A STATE SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL IS AUTHORIZED TO ESTABLISH WRITTEN POLICIES FOR THE EXPENDITURE OF PUBLIC FUNDS FOR EVENTS WHICH RECOGNIZE ACADEMIC AND RESEARCH EXCELLENCE AND NOTEWORTHY ACCOMPLISHMENTS OF MEMBERS, STUDENTS, AND DISTINGUISHED GUESTS OF ITS INSTITUTION.
A. Chapter 101, Title 59 of the 1976 Code is amended by adding:
"Section 59-101-187. Costs associated with events and meetings at colleges, universities, and technical colleges honoring or recognizing students, distinguished guests, faculty, and employees may be paid by the institution. The institution's governing board shall establish policies for the expenditure of funds for these events and meetings. The expenditure of monies under the limits of these written policies are deemed to meet the public purpose test for the expenditure of public funds."
TO AMEND SECTION 12-4-320, AS AMENDED, OF THE 1976 CODE, RELATING TO PERMISSIVE POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR THE PRESCRIPTION OF TEMPORARY RULES IN THE EVENT OF DAMAGE CAUSED BY WAR, TERRORISM, OR NATURAL DISASTER OR HAZARDOUS MILITARY DUTY.
A. Section 12-4-320(6) of the 1976 Code, as added by Act 516 of 1994, is amended to read:
"(6) if for damage caused by war, terrorist act, or natural disaster or service with the United Stated armed forces occurs as defined in Section 12-9-310, prescribe temporary rules including, but not limited to, the filing of returns, payment of taxes, and extensions of due dates or natural guard in or near a hazard duty zone, extend the date for filing returns, payments of taxes, collection of taxes, and conducting audits, and waive interest and penalties."
B. This section takes effect July 1, 1999.
TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12 OF THE 1976 CODE, RELATING TO STATE INCOME TAX CREDITS, BY ADDING SECTION 12-6-3520 SO AS TO ESTABLISH AN INCOME TAX CREDIT FOR COSTS INCURRED BY A TAXPAYER FOR HABITAT MANAGEMENT OR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS ON REAL PROPERTY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES AS CRITICAL HABITAT FOR THREATENED OR ENDANGERED SPECIES; AND TO AMEND CHAPTER 15, TITLE 50, RELATING TO NONGAME AND ENDANGERED SPECIES, BY ADDING SECTION 50-15-55 SO AS TO PROVIDE FOR THE DESIGNATION BY THE DEPARTMENT OF NATURAL RESOURCES OF CERTAIN LAND AS CRITICAL HABITAT FOR THREATENED OR ENDANGERED SPECIES.
A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3520. (A) There shall be allowed as a tax credit against the income tax liability of a taxpayer an amount equal to fifty percent of the costs incurred by the taxpayer for habitat management or construction and maintenance of improvements on real property that are made to land as described in Section 50-15-55(B) and which meets the requirements of regulations promulgated by the Department of Natural Resources pursuant to Section 50-15-55(B). For purposes of this section, 'costs incurred' means those monies spent or revenue foregone for habitat management or construction and maintenance, but does not include revenue foregone as increases in land values or speculative costs related to development.
(B) All costs must be incurred on land that has been designated as a certified management area for endangered species enumerated in Section 50-15-40 or for nongame and wildlife species determined to be in need management under Section 50-15-30.
(C) The tax credit allowed by this section must be claimed in the year that such costs are incurred as provided for in subsection (B). The credit established by this section taken in one year may not exceed fifty percent of the taxpayer's income tax liability for that year. If the amount of the credit exceeds the taxpayer's income tax liability for that taxable year, the taxpayer may carry forward any excess for up to ten years.
(D) If during any taxable year the landowner voluntarily chooses to leave the agreement made concerning the certified areas after taking the tax credit, then the tax payer's tax liability for the current taxable year must be increased by the full amount of any credit claimed in prior years with respect to the property.
(E)(1) An 'S' corporation or partnership that qualifies for the credit under this section as an 'S' corporation or partnership entitles each shareholder of the 'S' corporation or partner of the partnership to a nonrefundable credit against taxes. Any credit generated by an 'S' corporation must first be used against any tax liability of the 'S' corporation under Section 12-6-530. Any remaining credit passes through to the shareholders of the 'S' corporation.
(2) The amount of the credit allowed a shareholder, partner, or owner of a limited liability company pursuant to this section is equal to the shareholder's percentage of stock ownership or partner's interest in the partnership, for the taxable year multiplied by the amount of the credit that the taxpayer would have been entitled to if it were taxed as a corporation."
B. Chapter 15, Title 50 of the 1976 Code is amended by adding:
"Section 50-15-55. (A) The department may designate certain land as certified management areas for endangered species or species in need of management.
(B) The department shall promulgate regulations addressing criteria for designating land as certified management area for endangered species or of species in need of management in order to qualify a taxpayer for the income tax credit provided for in Section 12-6-3520.
(C) Every five years the department may review the population status of species subject to certified management agreements and shall revise the regulations accordingly. The department may revise criteria at that time as necessary for lands to retain their designation as certified management areas."
C. This section takes effect July 1, 1999, only if sufficient funding, in the opinion of the Department of Revenue, is available to fund the credit.
TO AMEND THE 1976 CODE BY ADDING SECTION 59-139-11 SO AS TO PROVIDE THAT A SCHOOL ACCREDITED BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS MAY SUBSTITUTE THE SACS PLAN FOR THE COMPREHENSIVE PLAN AND ANNUAL UPDATES REQUIRED BY THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT AND EDUCATION ACCOUNTABILITY ACT AND TO PROVIDE THAT THE REVIEW CYCLE OF A DISTRICT MAY BE ADJUSTED TO COINCIDE WITH THE SACS REVIEW CYCLE OF ITS SCHOOLS.
The 1976 Code is amended by adding:
"Section 59-139-11. A school accredited by the Southern Association of Colleges and Schools (SACS) may substitute the SACS five-year plan and annual updates for the comprehensive plan and updates required by Section 59-139-10(B), provided that all requirements for information and evaluation and the participation requirements for the community and School Improvement Council are met as mandated in Title 59, Chapters 18 and 139. Beginning with 2001, with approval by the State Board of Education, a school district may request to have its combined strategic plan/accountability system cycle required by Chapters 18 and 139 adjusted to coincide with its schools' SACS review.
TO AMEND THE 1976 CODE BY ADDING SECTION 17-25-137 SO AS TO PROVIDE THAT A COURT THAT IMPOSES AN ALTERNATIVE SENTENCE UPON A DEFENDANT IS NOT LIABLE FOR ANY INJURIES SUSTAINED BY THE DEFENDANT WHILE THE DEFENDANT COMPLETES HIS SENTENCE.
A. The 1976 Code is amended by adding:
"Section 17-25-137. Notwithstanding another provision of law, a court which imposes an alternative sentence upon a defendant is not liable for any injuries sustained by the defendant while the defendant completes his sentence."
B. This section takes effect July 1, 1999.
TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF LICENSE PLATES ON BEHALF OF THE H.L. HUNLEY SUBMARINE.
A. Chapter 3, Title 56 of the 1976 Code is amended by adding:
B. This act takes effect upon approval by the Governor.
TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-395 SO AS TO PROVIDE THAT THE REINSTATEMENT FEE FOR A DRIVER'S LICENSE WHICH HAS BEEN SUSPENDED MUST BE REFUNDED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED BECAUSE OF THE FAILURE TO PAY A FINE IMPOSED PURSUANT TO A TRAFFIC VIOLATION, AND WHO IS SUBSEQUENTLY ISSUED A CITATION FOR DRIVING UNDER SUSPENSION IN THIS STATE, MUST NOT BE TAKEN INTO CUSTODY IF THE SOLE BASIS FOR THE SUSPENSION IS THE FAILURE TO PAY THE FINE FOR THE TRAFFIC VIOLATION.
A. The 1976 Code is amended by adding:
"Section 56-1-395. (A) The reinstatement fee for a driver's license which has been suspended must be refunded if the suspension was imposed by the department for failure to pay a fine for a traffic violation committed in another state, and the department receives evidence that the out-of-state fine was paid before the imposition of the suspension.
(B) A person whose license is suspended because of the failure to pay a fine imposed pursuant to a traffic violation, and who is subsequently issued a citation for driving under suspension in this State, must not be taken into custody for driving under suspension if the sole basis for the suspension is the failure to pay the fine for the traffic violation."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 60-11-40, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO PROVIDE THAT THE PRESIDENT OF THE UNIVERSITY SOUTH CAROLINIANA SOCIETY SHALL SERVE AS A NON-EX OFFICIO MEMBER OF THE COMMISSION.
A. Section 60-11-40 of the 1976 Code, as last amended by Act 118 of 1991, is further amended to read:
"Section 60-11-40. (1) Control and membership. The South Carolina Department of Archives and History is under the control of the South Carolina Commission of Archives and History, consisting which consists of five ex officio members and five six non-ex officio members.
(2) Ex officio members. The five ex officio members are the heads of the departments of history of the University of South Carolina, The Citadel, Clemson University, Winthrop College University, and the head of the Department of Political Science and History of South Carolina State College University, and their successors, or, upon approval of the governing board of the respective institution, their designees.
(3) Non-ex officio members. The Five non-ex officio members shall be nominated, one by the South Carolina Historical Society, one by the American Legion, Department of South Carolina, and one by the South Carolina Historical Association, and appointed by the Governor. Each shall serve for a term of five years. Two members shall be appointed by the Governor with the advice and consent of the Senate for terms of office to run concurrently with the term of the Governor. The sixth non-ex officio member shall be the President of the University South Caroliniana Society who shall serve for a term of five years. In case of a vacancy it shall be filled for the unexpired term in the same manner as the original appointment.
(4) Meetings; quorum. The South Carolina Commission of Archives and History shall hold at the office of the Commission at least one regular meeting during the year and as many special meetings as may be necessary at the office of the commission. Special meetings may be called by the chairman, or, in his absence, by the vice-chairman. Five Six members of the Commission commission shall constitute a quorum.
(5) Expenses and per diem. All members of the Commission commission shall be reimbursed for expenses incurred in attending meetings and otherwise performing their duties under the direction of the Commission commission. The members who are not employed by the State shall receive the per diem paid by the State to members of boards and commissions during their attendance at meetings."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 50-21-136, OF THE 1976 CODE, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE.
A. Section 50-21-136(A) of the 1976 Code is amended to read:
"(A) There are established no wake zones on the following creeks and coves on Hilton Head Island in Beaufort County:
Broad Creek, to begin at the end of the existing no wake zone at Palmetto Bay Marina, running upstream in an easterly direction to the Cross Island Parkway Bridge, including all waters to the high tide line; to begin 50 feet downstream of the Broad Creek Marina, running in a northwest to southeast direction to the low tide lines that bound its channel, to 50 feet upstream of Nautical Day Marker Number 10, running in a southwest to northeast direction to 550 feet west east of a dock located at 63 River Club Drive (Lot 3) to the low tide lines that bound its channel; to begin 50 feet downstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel, to 50 feet upstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel; and to begin at Nautical Day Marker Number 19, running upstream in a northeasterly direction to the headwaters of Broad Creek, including all waters to the high tide line.
Old House Creek;
Bear Creek (also known as Park Creek);
Lawton Creek;
Jarvis Creek;
Braddock Cove;
Calibogue Creek (also known as Baynard Cove);
Folly Creek;
Fish Haul Creek (also known as Coggin Creek);
Point Comfort Creek;
Jenkins Creek;
Skull Creek between Nautical Day Marker Number 13 and Nautical Day Marker Number 14.
There is also established a no wake zone between one hundred yards north of Nautical Day Marker Number 40 and Nautical Day Marker Number 41 on the New River in Beaufort County.
The no wake zone boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department."
TO AMEND SECTION 6-4-10(4)(b) OF THE 1976 CODE, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO CLARIFY THE MEANING OF "HIGH CONCENTRATION OF TOURISM ACTIVITY".
A. "Section 6-4-10(4)(b) of the 1976 Code is amended to read:
(b) The funds received by a county or municipality which has a high concentration of tourism activity may be used to provide additional county and municipal services including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through advertising, promotion, and providing those facilities and services which enhance the ability of the county or municipality to attract and provide for tourists.
For purposes of this subsection, a county or municipality will be considered to have a `high concentration of tourism activity' if:
(1) it is located in a county area that collected over $900,000 in accommodations tax from the local accommodations tax provided in Section 12-36-2630(3) during the State's immediately preceding fiscal year;
(2) in the case of a municipality, the number of rental units which are subject to accommodations tax at the end of the State's fiscal year equals or exceeds thirty-five percent of the number of full-time residents of the municipality, as determined by the most recent available population estimates for the municipality as estimated by the United State Bureau of Census available at the end of the State's fiscal year; or
(3) the ratio of the amount of dollars of accommodation taxes annually collected in the county area to the population of the county, based upon the 1990 census, is at least four dollars in accommodation taxes collected for every one resident of the county.
`Tourism-related expenditures' include:
1. advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity;
2. promotion of the arts and cultural events;
3. construction, maintenance, and operation of facilities for civic and cultural activities including construction and maintenance of access and other nearby roads and utilities for the facilities;
4. the criminal justice system, law enforcement, fire protection, solid waste collection, and health facilities when required to serve tourists and tourist facilities. This is based on the estimated percentage of costs directly attributed to tourists;
5. public facilities such as restrooms, dressing rooms, parks, and parking lots;
6. tourist shuttle transportation;
7. control and repair of waterfront erosion;
8. operating visitor information centers."
B. This section takes effect July 1, 1999.
TO AMEND SECTION 56-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WITHOUT A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 56-10-225, RELATING TO PROOF OF INSURANCE AND FINANCIAL RESPONSIBILITY FOR A MOTOR VEHICLE, SO AS TO PROVIDE THAT A CHARGE OF FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MUST BE DISMISSED UNDER CERTAIN CIRCUMSTANCES.
A. Section56-1-440 of the 1976 Code is amended to read:
"Section 56-1-440. Any A person who drives a motor vehicle on any public highway of this State without a driver's license in violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined five hundred dollars or imprisoned for forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months. However, a charge of driving a motor vehicle without a driver's license must be dismissed if the person provides proof of being a licensed driver to the court within seven days of being charged with a violation of this provision."
B. Section 56-10-225(C) of the 1976 Code, as added by Act 154 of 1997, is amended to read:
"(C) A person who fails to maintain the proof in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. However, a charge of failing to maintain proof that a motor vehicle is insured must be dismissed if the person provides proof that the motor vehicle is insured to the court within seven days of being charged with a violation of the provision contained in subsection (A). A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for such this failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided."
C. This section takes effect July 1, 1999.
TO AMEND SECTION 56-1-365, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SURRENDER OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT AT THE TIME A PERSON SURRENDERS A DRIVER'S LICENSE TO A CLERK OF COURT OR MAGISTRATE, HE ALSO MAY PAY THE FEE REQUIRED TO HAVE HIS DRIVER'S LICENSE REINSTATED; AND TO AMEND SECTION 56-1-390, AS AMENDED, RELATING TO THE FEE FOR REINSTATEMENT OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE REINSTATEMENT FEE MAY BE PAID TO THE CLERK OF COURT UNDER CERTAIN CIRCUMSTANCES.
A. Section 56-1-365(B) of the 1976 Code, as last amended by Act 379 of 1998, is further amended to read:
"(B) The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates must give the department's agents tickets, arrest warrants, and other documents or copies of them, including any reinstatement fee paid at the time of the verdict, guilty plea, or plea of nolo contendere, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk must forward the license, ticket, and other documentation to the department within five days after receipt. A clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required in this section is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.
B. Section 56-1-390(1) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
(1) Whenever the department suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty dollars. The reinstatement fee may be paid to the clerk of court or magistrate at the time of the verdict, guilty plea, or plea of nolo contendere for the offense for which the license is suspended or revoked. If the fee is paid at the time of the verdict, guilty plea, or plea of nolo contendere, the clerk or magistrate shall remit the fee to the department pursuant to the procedures set forth in Section 56-1-365(B). The director or his designee may waive or return the reinstatement fee if it is determined that the suspension or revocation is based upon a lack of notice being given to the department or other similar error."
C. This section takes effect July 1, 1999.
TO AMEND SECTIONS 20-7-420, 20-7-1315, AND 20-7-1440, OF THE 1976 CODE, RELATING TO COLLECTION OF CHILD SUPPORT, SO AS TO PROVIDE FOR A CENTRALIZED SYSTEM FOR THE COLLECTION OF WAGE WITHHOLDING; TO AMEND SECTIONS 20-1-220, 20-3-235, 20-7-853, 20-7-854, 20-7-949, 20-7-957, 20-7-1295, 44-7-77, 44-63-75, 43-5-595, AND 43-5-596, RELATING TO THE USE OF SOCIAL SECURITY NUMBERS IN CHILD SUPPORT ENFORCEMENT, SO AS TO PROVIDE FOR THE USE OF ALIEN IDENTIFICATION NUMBERS IN CHILD SUPPORT ENFORCEMENT; TO AMEND SECTION 20-7-941, RELATING TO THE MEANINGS OF RELEVANT CHILD SUPPORT TERMS, SO AS TO REDEFINE "COMPLIANCE WITH AN ORDER OF SUPPORT" AND "LICENSING ENTITY" AND TO PROVIDE A DEFINITION FOR "DIRECTOR"; TO AMEND SECTIONS 20-7-942 AND 20-7-945, RELATING TO THE LICENSE REVOCATION PROGRAM, SO AS TO DECREASE THE TIME FOR REVOCATION FROM NINETY DAYS TO FORTY-FIVE DAYS; TO AMEND SECTION 20-7-1130, RELATING TO ENFORCEMENT OF SUPPORT AND INCOME WITHHOLDING ORDERS, SO AS TO CREATE DISCRETION IN THE USE OF ADMINISTRATIVE PROCEDURES; TO AMEND SECTION 20-7-1295, RELATING TO ADMINISTRATIVE LIENS, SO AS TO PROVIDE THAT LIENS CREATED UNDER THIS SECTION MAY BE MAINTAINED BY THE REGISTER OF DEEDS UNDER ESTABLISHED LOCAL PROCEDURES; TO AMEND SECTION 43-5-585, RELATING TO REPORTING ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE FOR REPORTING WHEN ARREARAGE IS EQUAL TO OR GREATER THAN ONE THOUSAND DOLLARS; AND TO AMEND SECTION 43-5-598, RELATING TO NEW HIRE REPORTING, SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR EMPLOYERS.
A. Section 20-7-220 of the 1976 Code is amended to read:
"Section 20-1-220. No marriage license may be issued unless a written application shall have has been filed with the probate judge, or in Darlington and Georgetown Counties counties the clerk of court who issues the license, at least twenty-four hours before its the issuance of the license. The application must be signed by both of the contracting parties and shall contain the same information as required for the issuing of the license including the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the contracting parties. The license issued, in addition to other things required, shall must show the hour and date of the filing of the application and the hour and date of the issuance of the license. The application must be kept by the probate judge or clerk of court as a permanent record in his office. A probate judge or clerk of court issuing a license contrary to the provisions, upon conviction, must be fined not more than one hundred dollars or not less than twenty-five dollars, or imprisoned for not more than thirty days or not less than ten days."
B. Section 20-3-235 of the 1976 Code is amended to read:
"Section 20-3-235. A decree of divorce shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the parties in the divorce. Filing the required form with the Department of Health and Environmental Control complies with the requirements of this section."
C. Section 20-7-420(21) of the 1976 Code is amended to read:
"(21) to determine the manner in which sums ordered paid for support shall be paid and applied, either to a person through the court, or through the clerk of court, or through a centralized wage withholding system if required by federal statute or regulation."
D. Section 20-7-853 of the 1976 Code, as added by Act No. 71 of 1997, is amended to read:
"Section 20-7-853. An administrative or judicial order which includes a determination of paternity or a provision for child support shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of both parents."
E. Section 20-7-854(A)(4) of the 1976 Code is amended to read:
"(4) social security number or the alien identification number assigned to a resident alien who does not have a social security number;"
F. Section 20-7-941(A) of the 1976 Code is amended to read:
"(A) As used in this part:
(1) 'Arrearage' means the total amount overdue under an order of support.
(2) 'Compliance with an order for support' means that pursuant to an order for support the person required to pay under the order is in arrears no more than an amount equal to two months' support obligation five-hundred dollars and has paid the full child support obligation for the last two consecutive months.
(3) 'Director' means the Director of the Child Support Enforcement Division of the State Department of Social Services or his designee.
(4) 'Division' means the Child Support Enforcement Division of the State Department of Social Services.
(4)(5) 'License' means:
(a) a certificate, license, credential, permit, registration, or any other authorization issued by a licensing entity that allows an individual or is required of an individual to engage in a business, occupation, or profession and includes, but is not limited to, a medical license, teaching certificate, commission and certificate of training from the South Carolina Criminal Justice Academy for a sworn law enforcement officer, and a hunting, fishing, or trapping license for commercial use and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for commercial use;
(b) a driver's license and includes, but is not limited to, a beginner's or instruction permit, a restricted driver's license, a motorcycle driver's license, or a commercial driver's license;
(c) a hunting, fishing, or trapping license for recreational purposes and the privilege to hunt, fish, or trap or hold a hunting, fishing, or trapping license for recreational purposes;
(d) a watercraft registration.
'License' does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support. and the The department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.
(5)(6) 'Licensee' means an individual holding a license issued by a licensing entity.
(6)(7) 'Licensing entity' or 'entity' means, for the purposes of issuing or revoking a license, a state, county, or municipal agency, board, department, office, or commission that issues a license.
(7)(8) 'Order for support' means an order being enforced by the division under Title IV-D of the Social Security Act and which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage."
G. Section 20-7-942 of the 1976 Code is amended to read:
"Section 20-7-942. If a licensee is out of compliance with an order for support, the licensee's license must be revoked unless within ninety forty-five days of receiving notice that the licensee is out of compliance with the order, the licensee has paid the arrearage owing under the order or has signed a consent agreement with the division establishing a schedule for payment of the arrearage."
H. Section 20-7-945(A), (D), (F), and (G) of the 1976 Code are amended to read:
"(A) The division shall review the information received pursuant to Section 20-7-944 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee that ninety forty-five days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to revoke the licensee's license unless the licensee pays the arrearage owing under the order or signs a consent agreement establishing a schedule for the payment of the arrearage.
(D) Upon the division and the licensee reaching an agreement on a schedule for payment of the arrearage, the division director shall submit to the court a consent order containing the payment schedule which upon the court's approval is enforceable as any order of the court. If the court does not approve the consent order, the court may require a hearing on a case-by-case basis for the judicial review of the payment schedule agreement the director shall file an agreement and order pursuant to Section 20-7-9525(A) and (B) with the family court in the county in which the order for support was issued. The clerk shall stamp the date of receipt of the agreement and order and shall file it under the docket number of the order of support. The agreement and order shall have all the force, effect, and remedies of an order of the court including, but not limited to, wage assignment and contempt of court.
(F) The notification given a licensee that the licensee's license will be revoked in ninety forty-five days clearly must state the remedies and procedures available to a licensee under this section.
(G) If at the end of the ninety forty-five days the licensee still has an arrearage owing under the order for support or the licensee has not signed a consent agreement establishing a payment schedule for the arrearage, the division shall notify the licensing entity to revoke the licensee's license. A license only may be reinstated if the division notifies the licensing entity that the licensee no longer has an arrearage or that the licensee has signed a consent agreement."
I. Section 20-7-949 of the 1976 Code is amended to read:
"Section 20-7-949. An applicant for a license or for renewal of a license shall submit the applicant's social security number, or the alien identification number assigned to a resident alien who does not have a social security number, to the licensing entity which must be recorded on the application."
J. Section 20-7-957 of the 1976 Code is amended to read:
"Section 20-7-957. Upon a finding that the putative father is the natural father of the child, the court must issue an order designating the putative father as the natural father. The order also shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of both parents. The order shall establish a duty of support and provide for child support payments in amounts and at a frequency to be determined by the court. The order also shall provide for other relief which has been properly prayed for in the pleadings and which is considered reasonable and just by the court. Upon a finding that the putative father is not the father of the child, the court shall issue an order which sets forth this finding."
K. Section 20-7-1130 of the 1976 Code is amended to read:
"Section 20-7-1130. (A) A party seeking to enforce a support order, an income withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this State.
(B) On receipt of the documents the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure available to enforce a support order, an income withholding order, or both. If the obligor does not contest administrative enforcement, the support order need not be registered. If the obligor contests the validity or administrative enforcement of the order by asserting a ground for contesting the order recognized by the law of this State, the support enforcement agency shall register the order pursuant to this subarticle."
L. Section 20-7-1295(C) of the 1976 Code is amended to read:
"(C) The division shall file notice of a lien with respect to real property with the register of deeds for any county in the State where the obligor owns property. The social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of the obligor must be noted on the notice of the lien. The filing operates to perfect a lien when recorded, as to any interest in real property owned by the obligor that is located in the county where the lien is recorded. A special index for liens Liens created under this section must be maintained by the register of deeds of each county of the State, in accordance with established local procedures for recordation. If the obligor subsequently acquires an interest in real property, the lien is perfected upon the recording of the instrument by which the interest is obtained in the register of deeds where the notice of the lien was filed within six years prior thereto. A child support lien is perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the register of deeds for the county where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded first.
The division also shall file notice of a child support lien, with the social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of the obligor on the notice, with respect to personal property with the Department of Natural Resources, a county, or other office or agency responsible for the filing or recording of liens. The filing of a notice of a lien or of a waiver or release of a lien must be received and registered or recorded without payment of a fee. The division may file notice of a lien or waiver or release of a lien or may transmit information to or receive information from any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. Any lien placed against a vehicle with a title issued by the Division of Motor Vehicles is not perfected until notation of the lien is recorded on the vehicle's title by the Division of Motor Vehicles. No fee is required to reissue this title. The perfected lien is not subordinate to a recorded lien except a lien that has been perfected before the date on which the child support lien was perfected. The division, upon request of the obligor, may subordinate the child support lien to a subsequently perfected mortgage. To assist in the collection of a debt by the division, the division may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation."
M. Section 20-7-1315 of the 1976 Code is amended to read:
"Section 20-7-1315. (A) As used in this section:
(1) 'Order for support' means any order of a court or an administrative agency of competent jurisdiction which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final, whether incidental to a proceeding for divorce, separation, separate maintenance, paternity, guardianship, or otherwise and includes any order providing for a modification of support payment of an arrearage or reimbursement of support.
(2) 'Delinquency' means when a support payment owed by an obligor pursuant to an order of support is overdue in an amount equal to at least one month's support obligation.
(3) 'Arrearage' means the total amount of unpaid support obligations.
(4) 'Court' as used in this section means Family Court.
(5) 'Income' means any periodic form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, bonuses, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, payments made pursuant to a retirement program, interest, and any other payments made by a person or an agency or department of the federal, state, or local government provided the income excludes:
(a) amounts required to by law to be withheld, other than creditor claims, including, but not limited to, federal, state, and local taxes, social security and other retirement deductions, and disability contributions;
(b) amounts exempted by federal law;
(c) public assistance payments.
Any other state or local laws which limit or exempt income or the amount or percentage of income that can be withheld do not apply.
(6) 'Obligor' means an individual who is required to make payments pursuant to order for support.
(7) 'Obligee' means an individual or the individual's assignee who is entitled to receive payments pursuant to an order of support.
(8) 'Payor' means any payor of income to an obligor. For purposes of this section, the South Carolina Employment Security Commission is not considered to be a payor.
(B)(1) For all Title IV-D cases in which support orders are issued or modified after October 31, 1990, and for all nontitle IV-D cases in which support orders are issued or modified after January 3, 1994, the income of an obligor is subject to immediate withholding as of the effective date of the order without the requirement that an arrearage accumulate. However, income is not subject to withholding if:
(a) one of the parties demonstrates and the court finds that there is good cause not to require immediate income withholding; or
(b) a written agreement is reached between both parties which provides for an alternative arrangement.
(2) All orders for support entered or modified in the State before October 1, 1996, if not otherwise subject to wage withholding, are subject to withholding if a delinquency occurs without the need for a judicial or administrative hearing. These orders must be construed to contain this withholding provision even if the provision has been omitted from the written order; however, the court may order withholding to begin immediately for good cause shown. The court is required to make specified written findings to support immediate withholding.
(3) Income withholding must be initiated in all Title IV-D cases upon the request of the obligee without the necessity of a delinquency, if the State approves the request in accordance with the procedures and standards as it may establish. If the obligee requests income withholding pursuant to this subsection, notice of the request must be provided to the obligor by the clerk of court, and if the obligor objects to the income withholding within ten days after the postmarked date of the notice, a hearing must be held, and the family court shall subject the obligor's income to withholding unless the court finds that there is good cause not to require immediate income withholding. Where there is no objection by the obligor after proper notice, the clerk of court shall implement immediate income withholding.
(C)(1) An obligor may petition the court at any time prior to the occurrence of a delinquency seeking an order for income withholding procedures to begin immediately.
(2) Where the obligor makes payments directly to the obligee pursuant to an order for support and where income withholding procedures take effect, the provisions to pay directly are superseded by the withholding process and the obligor and the payor on behalf of the obligor during the period of withholding must pay this support through the court.
(D)(1) If a delinquency occurs, the clerk of court shall prepare, file, and serve on the obligor a verified notice of delinquency within fifteen calendar days of the delinquency if the obligor's address is known or if the address is not known, within fifteen calendar days of locating the obligor. If the obligor makes payments pursuant to an order for support directly to the obligee and the obligee seeks income withholding, the notice of delinquency must be verified by the obligee and then served on the obligor by the clerk of court as with any other notice of delinquency.
(2) The verified notice of delinquency must be served on the obligor by regular mail addressed to the obligor's last known address or place of employment. Upon mailing the notice, the clerk of court shall file a certificate of mailing stating the name and address to which the notice was mailed and the date on which it was mailed. If service cannot be effected as set forth in this subsection, the obligor may be served as prescribed for service in civil actions.
(3) The notice of delinquency shall inform the obligor that a delinquency has occurred and shall recite the monthly support obligations of the obligor pursuant to the order of support, the total amount of the arrearage as of the date of the notice, and the amount of income to be withheld. The notice must clearly state that a notice to withhold will be sent to the obligor's current or subsequent payor, income withholding will begin, and that a judgment lien may be imposed against the obligor's personal or real property in the amount of the arrearage pursuant to Section 20-7-1316, unless the obligor files a petition to stay service in accordance with subsection (E).
(E)(1) The obligor may prevent a notice to withhold from being served on the obligor's payor and prevent the recording of the arrearage pursuant to Section 20-7-1316 by filing a petition to stay service with the clerk of court with jurisdiction of the matter within ten days of the date that the notice of delinquency is postmarked; however, the grounds for granting the petition to stay service are limited to a dispute concerning the identity of the obligor or the existence or amount of the arrearage.
(2) Filing of a petition to stay service within the ten days required under this subsection prohibits the clerk of court from serving the notice to withhold on any payor of the obligor and prohibits the recordation of the arrearage.
(3) If a petition to stay service is filed, a hearing on the petition must be held within thirty days of its filing. The obligor, obligee, and Department of Social Services, where appropriate, must be notified by the clerk of court of the date, time, and place of the hearing and the court must decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately pursuant to Section 20-7-1316. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding.
(4) Upon filing an affidavit with the court stating that a petition to stay service was not timely filed because the notice of delinquency was not received and that grounds exist for a petition to stay service as stated in subsection (E)(1), the obligor is permitted to file a petition to withdraw the notice to withhold, terminate the withholding procedures, and remove the judgment created by the recording of the arrearage. Income withholding, however, may not be interrupted unless the court enters an order granting the relief sought by the obligor based on the limited grounds for a petition to stay service.
(F)(1) Fifteen days following the mailing of the notice of the delinquency to the obligor and if no petition to stay service has been filed, the clerk of court shall serve a notice to withhold on the payor or its agent by regular mail and may record the arrearage pursuant to Section 20-7-1316.
(2) The notice to withhold shall:
(a) direct any payor to withhold at the obligor's regularly scheduled pay periods an amount which over the period of one month would constitute one month's support obligation plus applicable fees pursuant to this section and costs as provided by Section 20-7-1440;
(b) direct any payor to withhold an additional amount toward any arrearage until the arrearage is paid in full; however, amounts to be withheld under this item and item (2)(a) may not exceed the limits set forth by the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b));
(c) direct any payor to notify the clerk if health insurance is available to the obligor for the benefit of children for whom child support is being withheld;
(d) state the rights, responsibilities, and liabilities of the payor under this section.
(3) The payor shall then deduct the designated amount pursuant to the notice to withhold beginning no later than the next regularly scheduled pay period following the pay period during which the payor was served. Payors need not change their regular payroll pattern and may combine all withheld amounts into one check for a particular clerk of court with an itemized statement showing accounts attributable to each obligor for each obligee. For each instance of withholding of income, the payor is entitled to receive a fee of up to three dollars to be deducted from the income of the obligor in addition to the amounts withheld pursuant to the notice to withhold unless the fee is waived by the payor.
(4) If there is more than one notice to withhold on a single obligor, the payor must comply with the notices by withholding the amounts designated in the notices to the extent possible pursuant to the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b)). If the payor cannot fully comply with the notices because the amounts to be withheld would exceed the limits under the Federal Consumer Credit Protection Act, the payor shall notify the court in writing as to its reasons for failing to fully comply. Priority must be given to current support obligations. In no case may the allocation result in a withholding for one of the support obligations not being implemented.
(5) The employer shall promptly pay the amount withheld to the clerk of court centralized wage withholding system within ten seven working days of the date income is withheld, in accordance with the notice to withhold and in accordance with any subsequent notification received from the clerk of court concerning withholding. The payor shall provide the date on which the income is withheld.
(6) Upon the records of the clerk of court reflecting the satisfaction of an arrearage, the clerk of court shall serve upon the payor by regular mail a notice of reduction of withholding. This notice shall inform the payor that the arrearage has been satisfied and to discontinue withholding the additional amount as prescribed in item 2(b) of this subsection.
(7) Within twenty days after the obligor is no longer employed by the payor, the payor shall return a copy of the notice to withhold to the clerk of court and shall notify the clerk of court in writing of the date the obligor's employment terminated, the date of the obligor's final paycheck, the obligor's home address, and obligor's new employer and address, if known.
(8) Withholding of income from an obligor under this section has priority over any other legal process under state law against the same wages. Payment pursuant to a notice to withhold is a complete defense by the payor against any claims of the obligor or the obligor's creditors as to the sum paid.
(9) No payor may discharge, refuse to hire, or otherwise penalize any obligor because of the duty to withhold income.
(10) The responsibility of a payor who employs an obligor to withhold support from the pay of the obligor ends when the obligor leaves the employ of the payor. If this termination of employment occurs during the middle of a pay period, the final amount required to be withheld must be proportionately reduced in the same percentage that the time worked has to the time of the full pay period.
(11) If the Division of Child Support of the Department of Social Services is notified by the South Carolina Employment Security Commission in accordance with Section 41-35-140 that an obligor is receiving unemployment insurance benefits, the division must notify the court for the intercept of unemployment insurance benefits if a delinquency occurs and the obligor's case is a Title IV-D case. The intercept of unemployment insurance benefits must be in accordance with Section 41-35-140.
(G)(1) The clerk of court may suspend income withholding because of inability to deliver the income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery. Upon relocating the obligee and upon meeting the requirements of notice and service pursuant to this section, income withholding must be reinstated.
(2) An obligor may petition the court at any time to terminate income withholding pursuant to a notice to withhold:
(a) if there is no longer a current order for support and all arrearages are paid; or
(b) if the obligor requests termination and withholding has not been terminated previously and subsequently reinstated and the obligor meets the conditions for an alternative arrangement.
However, if termination is granted and subsequently a delinquency occurs, the clerk of court shall reinstate withholding procedures by complying with all requirements for notice and service pursuant to this section.
(3) The clerk of court shall serve on the payor by regular mail a copy of any order entered pursuant to this subsection or subsection (E)(4) that affects the duties of the payor. If service cannot be effected as set forth in this subsection, the payor may be served as prescribed for service in civil actions.
(4) The notice to withhold continues to be binding upon the payor until service of any order of the court entered under this subsection or subsection (E)(4) or until notice is served on the payor by the clerk of court that the underlying order is, for other reasons such as expiration of the support obligation, no longer in effect.
(H)(1) An obligee who is receiving income withholding payments under this section shall notify the clerk of court of any change of address within seven days of the change.
(2) An obligee who is a recipient of public aid must send a copy of any notice of delinquency filed pursuant to subsection (D) to the Division of Child Support of the South Carolina Department of Social Services.
(3) An obligor whose income is being withheld or who has been served with a notice of delinquency pursuant to this section shall notify the clerk of court of any new payor and of the availability of health insurance for any children for whom support is ordered within seven days after employment commences.
(4) Upon receiving any other support payment including, but not limited to, a tax offset under federal or state law or any payment toward an arrearage, the Department of Social Services, within the time permitted by Title IV-D of the Social Security Act, shall provide notice of the payment to the clerk of court.
(5) Any clerk of court who collects, receives, or disburses payment pursuant to an order for support or a notice to withhold shall maintain complete, accurate, and clear records of all payments and their disbursements. Certified copies of payment records maintained by the clerk of court must without further proof be admitted into evidence in any legal proceedings in which child support is an issue.
(6) The Department of Social Services and the Office of Court Administration shall design suggested legal forms for proceeding under this section and Section 20-7-1316 and shall make available to the courts for distribution to parties in support actions these forms and informational materials which describe the procedures and remedies set forth in this section and Section 20-7-1316.
(I)(1) If a payor wilfully fails to withhold or pay over income pursuant to a notice to withhold, the court upon notice and hearing may enter judgment and direct the issuance of an execution against the payor for the total amount that the payor wilfully failed to withhold. A payor who wilfully refuses to hire or who discharges or otherwise penalizes an obligor as prohibited by subsection (F)(9) or who fails to notify the clerk of the availability of health insurance is subject to a civil fine not to exceed five hundred dollars which may be imposed by the court in its discretion.
(2) If an obligor, obligee, or the Department of Social Services wilfully initiates a false proceeding under this section or wilfully fails to comply with the requirements of this section, punishment for contempt may be imposed.
(J) The rights, remedies, duties, and penalties created by this section are in addition to any other rights, remedies, duties, and penalties otherwise provided by law.
(K) The Office of Court Administration after consultation with the Department of Social Services is authorized to promulgate those regulations necessary to implement this section.
(L) By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to voluntarily assist in the state's efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division. The following provisions apply to the Employer New Hire Reporting program:
(1) An employer doing business in this State may participate in the Employer New Hire Reporting program by reporting to the Child Support Enforcement Division:
(a) the hiring of a person who resides or works in this State to whom the employer anticipates paying earnings; or
(b) the rehiring or return to work of an employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(2) The Employer New Hire Reporting program applies to a person who is expected to:
(a) be employed for more than one month's duration;
(b) be paid for more than three hundred fifty hours during a continuous six-month period; or
(c) have gross earnings of more than three hundred dollars in each month of employment.
(3) An employer who voluntarily reports under item (1) shall submit monthly reports regarding each hiring, rehiring, or return to work of an employee during the preceding month. The report must contain:
(a) the employee's name, address, social security number, date of birth, and salary information; and
(b) the employer's name, address, and employer identification number.
(4) Employers reporting to the Employer New Hire Reporting program shall provide information to the Child Support Enforcement Division by:
(a) sending a copy of the new employee's W-4 form;
(b) completing a form supplied by the Child Support Enforcement Division; or
(c) any other means authorized by the Child Support Enforcement Division for conveying the required information, including electronic transmission or magnetic tapes in compatible formats.
(5) An employer is authorized by this section to disclose the information described in item (3) and is not liable to the employee for the disclosure or subsequent use by the Child Support Enforcement Division of the information.
(6) Information received by the South Carolina Employment Security Commission from employers which includes information contained in the reports provided for in this section shall transmit this information to the Department of Social Services within fifteen working days after the end of each quarter.
Information received by the South Carolina Employment Security Commission received from employers which includes information contained in the reports provided for in this section shall transmit this information to the Department of Social Services within fifteen working days after the end of each quarter.
(M) The department shall establish and operate a centralized system for the collection and disbursement of funds received from wage withholding under the Child Support Enforcement program. Wage withholding subject to this provision shall include:
(1) all wage withholding cases being enforced by the Child Support Enforcement Division;
(2) all cases not being enforced by the Child Support Enforcement Division in which the support order was initially issued in the State on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding.
Child support amounts collected through the centralized wage withholding system are subject to the three percent court cost pursuant to Section 20-7-1440(C), with disposition of all these fees made in accordance with Section 14-1-205. Employers shall make payment of the amount withheld to the centralized system within seven working days of the date income is withheld. The department shall, in compliance with federal requirements, disburse funds received from employers to the appropriate county clerk of court for disbursement to the custodial parent.
N. Section 20-7-1440(C) of the 1976 Code is amended to read:
"(C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of three percent of the support paid, which costs must be in addition to the support money paid."
O. Section 43-5-585(A) of the 1976 Code is amended to read:
"(A) The department shall provide consumer credit reporting agencies an automated monthly report of obligors in Title IV-D cases who have an arrearage in an amount equal to two months' support obligation of one thousand dollars or greater."
P. Section 43-5-595(A) of the 1976 Code is amended to read:
"(A) Pursuant to Section 43-5-590(d), the department shall attempt to locate individuals for the purposes of establishing paternity or establishing, modifying, or enforcing a child support obligation. Notwithstanding any other provision of law making this information confidential, the following entities in the State shall provide promptly to the department, its designee, or a federally-approved child support agency of another state, the following information, upon request by the department or other agency for the purpose of establishing paternity or establishing, modifying, or enforcing a support obligation:
(1) All entities in the State including, but not limited to, for-profit, nonprofit and governmental employers, and labor organizations shall provide the full name, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, wages or salary, existing or available medical, hospital, and dental insurance coverage, and number of dependents listed for tax purposes on all employees, contractors, and members of labor organizations.
(2) All utility companies, including wire and nonwire telecommunication companies, cable television companies, and financial institutions shall provide the full name, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, date of birth, home address, telephone number, account numbers, and other identifying data, including information on assets and liabilities, on all persons who maintain an account with that entity. For purposes of this item, a financial institution is defined as a federal, state, commercial, or savings bank, savings and loan association, cooperative bank, federal, or state chartered credit union, benefit association, insurance company, safe deposit company, money market mutual fund, or investment company doing business in this State.
(3) A state or local agency of this State shall provide access to information contained in these records:
(a) vital statistics;
(b) state and local tax and revenue records;
(c) records concerning real and titled property;
(d) records of occupational and professional licenses;
(e) records concerning the ownership and control of corporations, partnerships, and other business entities;
(f) employment security records;
(g) records of motor vehicle departments; and
(h) corrections records.
A state or local agency, board, or commission which provides this information to the department may not charge the department a fee for providing the information; however, a commission that receives federal grants, the use of which are restricted, may charge a fee for providing the information."
Q. Section 43-5-596(A) and (B) of the 1976 Code is amended to read:
"(A) In the manner and form prescribed by the Child Support Enforcement Division, a financial institution, as defined in Section 43-5-595(A)(2), on a quarterly basis, shall provide the division or its designee information on account holders for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:
(1) full name;
(2) social security number or taxpayer identification number, or the alien identification number assigned to a resident alien who does not have a social security number;
(3) record address;
(4) account number(s); and
(5) information on assets and liabilities.
(B) Utilizing automated data exchanges to the maximum extent feasible, a financial institution shall provide for each calendar quarter the name, address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and other identifying information for each noncustodial parent who maintains an account at the institution and who owes past-due support, as identified by the division by name and social security number, or the alien identification number assigned to a resident alien who does not have a social security number."
R. Section 43-5-598 of the 1976 Code is amended to read:
"Section 43-5-598. (A) As used in this section:
(1) 'Business day' means a day on which state offices are open for regular business.
(2) 'Date of hire' means the first day the employee works for which the employee is entitled to compensation from the payor of income.
(3) 'Department' means the Department of Social Services, or its designee.
(4) 'Employer' includes a governmental entity and labor organization and means a person doing business in this State for whom an individual performs a service, of whatever nature, as the employee of the person and except that:
(a) if the person for whom the individual performs services does not have control of the payment of wages for the services, the term 'employer' means the person having control of the payment of wages; and
(b) in the case of a person paying wages on behalf of a nonresident alien, individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term 'employer' means that person.
(5) 'Labor organization' means an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Hiring halls, which refer individuals for jobs with employers, are 'labor organizations' to the extent that they exist pursuant to an agreement with an employer engaged primarily in the building and construction industry under Section 8(f)(3) of the National Labor Relations Act.
(6) 'New hire' includes an individual newly employed or an individual who has been rehired or has returned to work after being laid off, furloughed, separated, granted leave without pay, or terminated from employment.
(B) By October 1, 1998, the department shall establish a state directory of new hires which shall contain information supplied in accordance with subsection (C) by employers on each new hire.
(C) Beginning October 1, 1998, an employer who hires an employee who resides or works in this State shall report the hiring of the employee to the state directory of new hires within twenty calendar days of the hiring of the employee. However, in the case of an employer transmitting reports magnetically or electronically, these reports must be transmitted semi-monthly, if necessary, not less than twelve nor more than sixteen days apart. The report submitted shall contain:
(1) the employer's name, address, and federal identification number assigned to the employer under Section 6109 of the Internal Revenue Code of 1986; and
(2) the employee's name, address, and social security number.
(D) For purposes of this section, an employer must not report information on an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting pursuant to this section with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(E) An employer that has employees who are employed in two or more states and that transmits reports magnetically or electronically may comply with subsection (C) by designating one state in which the employer has employees to which the employer will transmit the report required by subsection (C) and transmitting the report to that state. An employer that transmits reports pursuant to this subsection shall notify the Secretary of the United States Department of Health and Human Services in writing as to which state the employer designates for the purpose of sending reports.
(F) Each report required by subsection (C) must be made on a W-4 form or, at the option of the employer, an equivalent form and may be transmitted by first-class mail, facsimile, magnetically, or electronically. Magnetic and electronic submissions must be in a format prescribed by the department.
(G) If an employer fails to report the hiring of an employee pursuant to this section, the employer is subject to a civil penalty of no more than:
(1) twenty-five dollars for the second offense and every offense thereafter unless the employer can demonstrate good cause for not reporting the hiring; or
(2) five hundred dollars for each and every offense, if the failure is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report. Fines imposed pursuant to this subsection must be enforced as provided for in Section 20-7-420(43) and distributed according to Section 20-7-856.
(H) Information must be entered into the data base maintained by the state directory of new hires within five business days of receipt from an employer pursuant to subsection (C).
(I) No later than May 1, 1998, the department shall conduct automated comparisons of the social security numbers reported by employers pursuant to subsection (C) and the social security numbers appearing in the records of the State Case Registry created pursuant to Section 43-5-610 for cases being enforced under the federally-approved child support program administered by the department.
(J) When an information comparison conducted under paragraph (I) reveals a match with respect to the social security number of an individual in the records of the State Case Registry, the state directory of new hires shall provide the department with the information reported by the employer pursuant to subsection (C).
(K) Within two business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the department shall transmit a notice to the employer of the employee directing the employer to withhold from the income of the employee an amount equal to the monthly, or other periodic, child support obligation, including any past-due child support obligation, of the employee, unless the employee's income is not subject to withholding pursuant to Section 20-7-1315.
(L) Within three business days after the date information regarding a newly hired employee is entered into the state directory of new hires, the state directory of new hires shall furnish the information to the national directory of new hires.
(M) The state directory of new hires shall include reports received from the Employment Security Commission pursuant to Section 43-5-620. The state directory of new hires shall furnish these reports, on a quarterly basis, to the national directory of new hires by the dates, in the format, and containing the information the Secretary of the United States Department of Health and Human Services specifies in regulations.
(N) Information maintained in the state directory of new hires and national directory of new hires may be utilized for these purposes:
(1) The department shall use information received pursuant to subsection (I) to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations and may disclose this information to a public or private agency that is under contract with the department to carry out these purposes.
(2) The department shall have access to information reported by employers pursuant to subsection (C) for purposes of verifying eligibility for these state administered programs:
(a) Temporary Assistance for Needy Families;
(b) Medicaid under Title XIX of the Social Security Act;
(c) food stamps;
(d) unemployment compensation benefits; and
(e) any state program under a plan approved under Title I, X, XIV, or XVI of the Social Security Act.
(3) The Employment Security Commission shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the employment security program.
(4) The Workers' Compensation Commission or its designee shall have access to information reported by employers pursuant to subsection (C) for purposes of administering the workers' compensation program.
(O) An employer who in good faith discloses information pursuant to this section is not subject to civil or criminal liability on account of the disclosure.
(P) This section remains in effect until the federal mandate requiring a mandatory new hire reporting program is repealed."
S. Section 44-7-77 of the 1976 Code is amended to read:
"Section 44-7-77. The Department of Health and Environmental Control and the State Department of Social Services, in conjunction with the South Carolina Hospital Association, shall develop and implement a program to promote obtaining voluntary acknowledgments of paternity as soon after birth as possible and where possible before the release of the newborn from the hospital. A voluntary acknowledgment including those obtained through an in-hospital program shall contain the requirements of Section 20-7-956(A)(4) and the social security number, or the alien identification number assigned to a resident alien who does not have a social security number, of both parents, and must be signed by both parents. The signatures must be notarized. As part of its in-hospital voluntary acknowledgment of paternity program, a birthing hospital as part of the birth registration process, shall collect, where ascertainable, information which is or may be necessary for the establishment of the paternity of the child and for the establishment of child support. The information to be collected on the father or on the putative father if paternity has not been established includes, but is not limited to, the name of the father, his date of birth, home address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and employer's name, and additionally for the putative father, the names and addresses of the putative father's parents."
T. Section 44-63-75 of the 1976 Code is amended to read:
"Section 44-63-75. (A) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, must be included in the forms prescribed by the state registrar for:
(1) the recordation of birth, death, and divorce;
(2) the application of marriage.
(B) Social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, must be recorded on birth and death certificates."
U. If a provision of this section or the application of a provision of this section to a person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
V. The Department of Social Services shall establish and operate the centralized system, as required by Section 20-7-1315 (M) of the 1976 Code, as contained in subsection M. of this Section, for the collection and disbursement of wage withholding child support funds from funds appropriated to the Department of Child Support Enforcement operating expenses.
TO AMEND SECTION 16-11-700, AS AMENDED, OF THE 1976 CODE, RELATING TO THE OFFENSE OF DUMPING LITTER OR OTHER SOLID WASTE ON PUBLIC OR PRIVATE PROPERTY, SO AS TO INCREASE THE MONETARY FINE FOR DUMPING LITTER OR SOLID WASTE IN AN AMOUNT LESS THAN FIFTEEN POUNDS IN WEIGHT OR TWENTY-SEVEN CUBIC FEET IN VOLUME AND FOR THE DEPOSIT OF A COLLECTION OF LITTER OR GARBAGE IN AN AREA OR FACILITY NOT INTENDED FOR PUBLIC DEPOSIT OR GARBAGE, AND TO PROVIDE THAT A PORTION OF THE FINE MUST BE DEPOSITED IN THE STATE'S GENERAL FUND AND USED BY THE OFFICE OF THE GOVERNOR TO FUND A LITTER CONTROL CAMPAIGN.
A. Section 16-11-700(C)(1) and (2) of the 1976 Code, as last amended by Act 63 of 1991, is further amended to read:
"(1) A person who violates the provisions of this section in an amount less than fifteen pounds in weight or twenty-seven cubic feet in volume is guilty of a misdemeanor and, upon conviction, must be fined not less than one two hundred dollars nor more than two three hundred dollars or imprisoned for not more than thirty days for each offense. In addition to a fine and for each offense under the provisions of this item, the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. One hundred dollars of the fine imposed by this item must be deposited in the state's general fund and used by the Office of the Governor to fund a litter control campaign.
(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is two hundred one thousand dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, but this does not prohibit a private property owner from depositing litter or garbage as a property enhancement if the depositing does not violate applicable local or state health and safety regulations. In addition to a fine and for each offense under the provisions of this item the court shall also impose a minimum of five hours of litter-gathering labor or other form of public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. Eight hundred dollars of the fine imposed by this item must be deposited in the state's general fund and used by the Office of the Governor to fund a litter control campaign."
B. This section takes effect July 1, 1999.
TO PROVIDE THAT IF A FAILURE OF A COMPUTER, SOFTWARE PROGRAM, OR OTHER RELATED COMPUTER DEVICE RESULTING FROM A "YEAR 2000" DATE CHANGE CAUSES A NOTICE OR BILLS, ISSUED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, TO BE MAILED OR FORWARDED LATE OR UNTIMELY PROVIDED TO A TAXPAYER, THE TAXPAYER MAY NOT BE PENALIZED OR ASSESSED ANY PENALTIES OR INTEREST FOR MAKING A LATE PAYMENT.
Notwithstanding any other provision of law, if a failure of a computer, software program, network, or database resulting from a "Year 2000" date change causes any kind of notice or bill, issued by the State or a political subdivision of the State, requiring payment to be made by a taxpayer to be mailed or forwarded late or otherwise untimely provided to the taxpayer, the taxpayer may not be penalized or assessed any penalties or interest for making a late payment.
SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUE APPROPRIATION
SECTION 1. The following sums are appropriated from fiscal year 1997-98 surplus general fund revenues for the purposes stated:
( 1) Higher Education Tuition Grants
Tuition Grants Annualization & Increase 2,000,000
( 2) Board for Technical and Comprehensive Education
Special Schools 2,000,000
Trident TEC - Omega Project 75,000
( 3) Department of Health and Human Services
Medicaid - Continuation of FY 1998-99
Funding 22,148,943
( 4) Department of Social Services
Emotionally Disturbed Children -
Annualization 5,500,000
( 5) Clemson
Advanced Engineering Fibers & Films 1,000,000
( 6) Commission for the Blind
Building Renovation for Projects with Industry 250,000
( 7) Division of Regional Development
Local Government Grant Fund 3,693,813
Matching Funds for FEMA Assistance 863,881
( 8) Local Government Fund
Local Government Study Committee 200,000
( 9) Judicial Department
Alternative Dispute Resolution Pilot Program 100,000
(10) Department of Education
Council for Conflict Resolution 200,000
EAA Revised Assessment System 5,385,660
Teacher Quality Grant Match
Training & Recruitment 1,000,000
Teacher Collaborative - Middle School
NSF Grant Match 1,000,000
(11) Governor's School for Science and Mathematics
Mentored Research
Student Scholarships 78,000
Admissions & Recruitment Outreach Match 50,000
(12) Commission on Higher Education
SREB Contract Membership & Dues 114,300
EPSCOR - Match 2,500,000
SCAMP - Match 600,000
(13) Greenville Technical College
University Center 1,131,000
(14) University of Charleston
Youth Race Relations Initiative 50,000
Avery Research Center 265,000
(15) SC State
1890 Leadership Institute Match 734,250
(16) USC - Columbia
Small Business Development Center
Annualization 191,398
African-American Professors Program 200,000
Institute of Public Affairs - Civic Education 195,000
(17) USC - Salkehatchie
Leadership Center 125,000
(18) Educational Television Commission
Year 2000 Compliance 384,240
(19) Wil Lou Gray Opportunity School
Communications Support - Annualize
FY 1998-99 Funding 35,000
(20) School for the Deaf & Blind
Summer Program -
Annualization 53,420
(21) Department of Health & Environmental Control
Public Health Districts Refurbishing 1,000,000
(22) Prosecution Coordination Commission
Richland/Kershaw Drug Court 110,506
(23) Clemson - PSA
Agri-Systems Productivity & Profitability 1,500,000
Eastern Jr. Angus Show 10,000
(24) Department of Parks, Recreation & Tourism
Funding Plan 8,000,000
(25) Department of Commerce
Staff Development Program 165,000
SC Export Consortium 200,000
(26) Codification of Laws & Legislative Council
Rent 65,000
(27) B&C Board - Division of Operations
Governor's Mansion Renovation 2,604,224
Total Appropriations 65,778,635
SECTION 1. The sources of general fund revenues appropriated in Section 2 of this part are as follows:
Fiscal Year 1998-99 BEA Surplus $127,484,984
Unemployment Compensation Fund 11,642,442
Excess Debt Service Appropriation for FY1998-99 4,651,107
TOTAL, All Sources $143,778,533
SECTION 2. The following sums are appropriated from the general fund of the State to supplement appropriations made for the expenses of state government in Part IA of this act to the extent that unobligated surplus revenues of the 1998-99 fiscal year are available:
( 1) General Reserve Fund Contribution $7,721,564
( 2) Department of Education
(a) Fringe Equity 8,500,000
(b) EAA Alternative School Grants 1,000,000
(c) Textbooks 5,000,000
(d) School Bus Parts and Fuel 3,500,000
(e) Adult Education 1,000,000
(f) Preschool Children with Disabilities 1,000,000
(g) School Buildings 10,447,994
(h) SC Council on Holocaust 10,853
(i) Governor's School for Arts - Technology & Equipment 5,019,829
(j) Governor's School for Science & Math:
1. Coker College Contractual Adjustment 24,664
2. Physical Education Upgrade 12,000
( 3) Governor's Office - OEPP
Education Research Initiative 30,000
( 4) Budget & Control Board
K-12 Technology Initiative 19,665,893
( 5) Commission on Higher Education
(a) Competitive Research Grants Match 2,500,000
(b) African American Loan Program 100,000
( 6) The Citadel
Assimilation of Women - Continuation 772,500
( 7) Lander University
Academic Initiative 500,000
( 8) USC - Columbia
Baruch Institute National Estuarine Research Reserve 131,113
( 9) Winthrop University
Science Equipment 1,000,000
(10) MUSC - Hospital
(a) AHEC Rural Physicians Program 12,000
(b) AHEC Nursing Recruitment 1,485
(11) ETV
Partnership for Distance Learning 669,000
(12) Wil Lou Gray Opportunity School
(a) Insurance Coverage 38,500
(b) Replace Dorm/Cafeteria Coverage 145,000
(c) Library Automation 25,000
(13) School for Deaf & Blind
(a) Facilities Maintenance 245,000
(b) Security Improvements 255,000
(c) Association for the Deaf 26,993
(14) Department of Archives & History
(a) Rent Increase 340,000
(b) Cleveland School Memorial Foundation 50,000
(15) State Library
(a) Aid to County Libraries - Increase Per Capita 1,549,340
(b) Renovate Former Archives Building 125,000
(16) Arts Commission
(a) Penn Center 109,093
(b) Arts Education 500,000
(c) Grantmaking 100,000
(17) State Museum
(a) Lee County Cotton Museum 100,000
(b) Cayce Historical Museum 25,000
(18) Department of Health & Human Services
(a) Medicaid - Continuation of FY 1998-99 Funding 1,062,673
(b) Medicaid - Population Growth 2,300,000
(c) Medicaid - Pharmaceuticals 3,500,000
(d) Medicaid - Hospital Rebase 4,200,000
(e) Medicaid - Nursing Home Rate Adjustment 3,900,000
(f) Medicaid - Physician, Lab & X-Ray Adjustment 1,150,000
(g) Medicaid - Dental Rate Adjustment 1,000,000
(h) Medicaid - Dental Program Enhancement 3,000,000
(i) Medicaid - Nursing Home Staff Ratio Adjustment 2,360,000
(j) Partners for Health Children 8,400,000
(k) Residential Care Optional State Supplement Increase 2,000,000
(l) Medicaid - Hospitals 2,000,000
(m) Medicaid - Dental Program Tec College Clinics 100,000
(19) Department of Health & Environmental Control
(a) Water Quality Improvement 600,000
(b) Preventive Services for Seniors 400,000
(c) Hazardous Waste Subsidy 300,000
(d) Vehicle Replacement 300,000
(e) Osteoporosis Prevention & Education 100,000
(f) Sickle Cell Program 900,000
(g) Lancaster-Kershaw Rural Health Center 200,000
(h) Rape Crisis Centers 400,000
(20) Department of Mental Health
(a) Family Assistance for the Elderly 390,000
(b) Gateway House - Greenville 53,300
(c) New Day Clubhouse - Spartanburg 50,000
(21) Department of Disabilities & Special Needs
(a) Residential Placements 3,074,000
(b) Family Support Services 2,294,000
(c) Residential Placements/Aging Caregivers 2,000,000
(22) Department of Alcohol & Other Drug Abuse Services
(a) Other Operating Expense 400,000
(b) The Bridge Program 500,000
(23) Department of Social Services
(a) Foster Care Board Payments Increase 1,644,618
(b) Special Needs Children Adoption Subsidy Increase 2,641,814
(c) Cherokee County Children's Home 50,000
(d) Domestic Violence Shelters 640,000
(24) John de la Howe School
(a) Vehicle Leases 33,000
(b) Furniture & Playground Equipment 50,000
(c) Replace HVAC 250,000
(25) Commission for the Blind
(a) Computer Equipment for Job Bank 15,191
(b) Information Technology Y2K Compliance 100,000
(c) Prevention of Blindness in Older Individuals 178,863
(d) Radio Program Training 60,000
(26) Commission on Minority Affairs
Men's Service Centers 34,609
(27) Governor's Office - OEPP
(a) Governor's School at College of Charleston 100,000
(b) Protection & Advocacy for People with Disabilities 125,400
(c) Veterans Affairs - Korean War Memorial 200,000
(28) Judicial Department
Judicial Interpreters 25,000
(29) Prosecution Coordination Commission
Rent, Tort Liability, Property Insurance Increases 18,926
(30) Commission on Indigent Defense
Civil Appointments Fund 1,500,000
(31) Probation, Pardon & Parole Services
(a) Offender Supervision Furlough Program 233,892
(b) Restitution Center Beds 40,842
(c) Information Technology Enhancements 210,000
(d) Contract Bedspace 150,000
(e) Offender Drug Testing 100,397
(32) Department of Juvenile Justice
(a) Utilities and Insurance Expenses 1,701,559
(b) Operating Commitments 277,357
(33) Adjutant General
Scholarship Program 150,000
(34) Department of Agriculture
(a) Lab Services Renovations 38,000
(b) Quality Program 20,000
(35) Clemson PSA
(a) Fire Ant Program 200,000
(b) Tropical Soda Apple 80,000
(36) Department of Natural Resources
(a) Wildlife Diversity 300,000
(b) Game Wildlife Operating Expenses 250,000
(c) Law Enforcement Equipment, Maintenance, Officers 180,000
(d) Land, Water & Conservation - Cost Share, Water
Monitoring, Aquatic Weeds 1,240,000
(e) Dennis Wildlife Center Maintenance 100,000
(f) Natural Resources Development 150,000
(g) Water Quality Oversight 65,000
(37) Department of Parks, Recreation & Tourism
(a) US Youth Games 25,000
(b) Sampit River Boat Landing 150,000
(c) Freewood Farms 250,000
(d) Cherokee County Historical Museum/Fine Arts Center 250,000
(e) SC Marathon Association 50,000
(38) Department of Commerce
(a) Information Technology 150,000
(b) Tokyo Office - Director Replacement 100,000
(c) Southeast Asia Trade Office 465,000
(d) Domestic Trade Office Expansion 118,161
(e) Office Space in Capital Center 131,597
(f) Industry Services Expansion 76,800
(g) Technology Council 200,000
(h) Williamsburg Industrial Park 500,000
(i) Hartsville Airport 50,000
(j) Spoleto Festival 150,000
(k) Film Office 129,589
(39) Department of Insurance
Information Technology-Year 2000 Compliance IPP 600,000
(40) Department of Labor, Licensing & Regulation
Freddie in Schools Education Program 100,000
(41) Secretary of State
Information Technology 600,000
(42) State Treasurer
Year 2000 Compliance 119,350
(43) Budget & Control Board
(a) Division of Operations
Capitol Complex Renovations 1,835,269
(b) Division of Budget & Analyses
1. Confederate Relic Room Relocation & Renovation 451,880
2. Confederate Relic Room Rent Increase 208,518
3. Leadership South Carolina 75,000
(c) Employee Benefits
State Employee Health Insurance Annualization 4,651,107
TOTAL, Section 2 $143,778,533
SECTION 3. Notwithstanding any other provision of law, the following sums are appropriated from the general fund of the State to supplement appropriations made for the expenses of state government in Part IA of this act to the extent that additional unobligated surplus revenues of the 1998-99 fiscal year are available after making the appropriations provided in Section 2:
(1) State Budget and Control Board
State Employee Health Insurance - Annualization $7,151,892
(2) State Budget and Control Board
Annualization of FY 97/98 State Employee Pay Plan 9,359,113
(3) State Budget and Control Board
Division of Operations
K-12 Technology Initiative 14,000,000
(4) Commission on Higher Education
Performance Funding Increase 4,000,000
(5) Board for Technical and Comprehensive Education
Special Schools 5,000,000
(6) Election Commission
Year 2000 Elections (Primary and Runoff) 2,687,200
(7) Department of Public Safety
DMV Computer System 10,000,000
(8) Department of Corrections
Operating Funds for Four 256-Bed Additions 9,400,000
(9) Department of Mental Health
(a) Sexual Predator Evaluation & Treatment Program 4,017,161
(b) Juvenile Justice Lawsuit Subclass-Medicaid Match 2,000,000
(10) Department of Juvenile Justice
Northeast Center 3,153,707
(11) South Carolina State University
(a) Compliance with the Department of Health and
Environmental Control Health and Safety Audit 1,900,000
(b) Match - Federal Transportation Grant 600,000
(c) Business School Accreditation 500,000
(12) State Budget and Control Board
Division of Regional Development
Infrastructure Revolving Loan Fund 5,000,000
(13) Prosecution Coordination Commission
Judicial Circuits Support Expansion 1,081,144
(14) Commission on Higher Education
Need Based Grants Funds 1,000,000
(15) School for the Deaf and Blind
Accessibility & Safety Facility Improvement 1,439,835
(16) Department of Mental Health
Crisis Stabilization - Alternative to Admission 2,800,000
(17) Department of Health and Environmental Control
Emergency Medical Services 600,000
(18) Commission on Indigent Defense
Per Capita Increase for Local Defender Corporations 600,000
(19) Department of Corrections
(a) Institutional Maintenance 1,000,000
(b) Inmate Clothing, Pillows/Mattresses, Legal Library 1,000,000
(20) Department of Transportation
Reimbursement for Worker's Compensation Claims 1,200,000
(21) Department of Disabilities & Special Needs
Crisis Prevention - Individual Family Services Increase 1,150,000
(22) State Museum
(a) Collection Purchases 100,000
(b) OPT 1,000,000
(23) Department of Education
Laptop Computers for SAT Preparation 1,000,000
Homework Centers 1,000,000
(24) Commission on Higher Education
(a) Competitive Technology Grants Match 500,000
(b) Academic Endowment Incentive 1,000,000
(c) GEAR-UP 6th & 7th Hi Ed Awareness Grant Match 1,000,000
(25) Department of Revenue
Electronic Document Processing System 1,000,000
(26) University of South Carolina - Columbia
Law Library 400,000
(27) Winthrop
Science Equipment 500,000
(28) Board for Technical and Comprehensive Education
(a) Motorcycle Safety Program 50,000
(b) Greenville TEC - Upstate Training Alliance Match 200,000
(c) Greenville TEC - Missing and Exploited Children 10,000
(29) Education Television Commission
State House Media Center 125,867
(30) Department of Archives and History
Microfilming of Historic County Records 100,000
(31) Arts Commission
Information Technology 100,000
(32) Adjutant General
State Guard Equipment and Training 116,580
(33) Commission on Indigent Defense
(a) Death Penalty Trial Fund 250,000
(b) Conflict Fund Increases 250,000
(c) Operating Expenses (PCR) 340,000
(34) Department of Mental Health
Roddey Pavilion 1,800,000
(35) Department of Juvenile Justice
New Juvenile Detention Center 843,404
(36) Clemson University
Municipal Services 1,117,000
(37) Department of Health and Environmental Control
Head Lice 300,000
(38) Budget and Control Board
Employee 401 K 5,000,000
(39) University of South Carolina - Salkehatchie
Campus Facility Upgrade 2,100,000
(40) Commission on Higher Education
University Center Marketing 75,000
(41) Department of Commerce
Advertising 500,000
(42) Department of Alcohol and Other Drug Abuse Services
Alcohol and Drug Abuse Services Medicaid Match 1,500,000
(43) Department of Agriculture
Marketing for Limited Resource Farmers 50,000
(44) Department of Natural Resources
Walhalla State Fish Hatchery 75,000
(45) Commission on Higher Education
Access and Equity 1,000,000
(46) Tri-County Technical College
Health Sciences Building Construction/Renovation 300,000
(47) Williamston Career Center
Building Expansion 150,000
(48) Anderson County Farmers' Market 100,000
(49) Department of Commerce
Landrum Alive Downtown Beautification 60,000
Self Genetics Center 3,500,000
(50) Department of Health and Human Services
Hospital Medicaid Match 2,000,000
(51) Department of Insurance 2,900,000
(52) Cherokee County Library 500,000
(53) H.L. Hunley 3,000,000
(54) Department of Health and Environmental Control
VA Nursing Home Construction - Match 3,500,000
(55) Department of Education
Additional Impaired School Districts 1,228,000
(56) H.C. Theater of the Republic Center 150,000
(57) Chesterfield-Marlboro TEC
Loop Road 180,000
(58) Laptop Computers for SAT Preparation 1,000,000
TOTAL, Section 3 $132,610,903
SECTION 4.
4.1 The appropriations in Section 2 and Section 3 of this part are listed in priority order beginning with item (1). Item (1) of Section 2 must be funded first and the remaining items or subitems must be funded seriatim to the extent that revenues are available. Each item or subitem must be fully funded before any funds are allocated to the next item. Provided, however, that any individual item or subitem may be partially funded in the order in which it appears to the extent that revenues are available. Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and expended for the same purposes.
4.2 The Department of Natural Resources shall provide the funds authorized for the Walhalla State Fish Hatchery facility improvement only on the condition that matching funds of at least $225,000 have been obtained by the Department. The funds authorized shall lapse to the General Fund if the other specified funds are not available by June 30, 2000.
4.3 The $1,000,000 appropriated above for Homework Centers shall be used to fund a competitive grant program to be administered by the Department of Education for homework centers. Homework Centers shall provide assistance to students in understanding and completing their school work The grants may be made available to organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and operating in the geographical area of school districts which are not eligible for funds appropriated for Homework Centers on the basis of being an "impaired" school district for purposes of the Education Accountability Act. Not more than $40,000 shall be issued to grant applicants in the geographical area of a single school district. The Department of Education shall develop eligibility criteria for grant applicants. Preference shall be given to grant applicants: (1) serving socially and economically disadvantaged students, and (2) serving entire attendance zones within a school district.
4.4 The three million dollars ($3,000,000) appropriated to the department must be used for the recovery, restoration, and renovation of the H.L. Hunley.
4.5 For the purposes of the distribution of funds appropriated for additional impaired school districts, the funds shall be used for homework centers, retraining grants, and principal mentors programs of the Education Accountability Act for all additional school districts formerly declared impaired with at least eighty percent of their students eligible for free and reduced lunch program or any attendance areas of districts which were districts formerly declared impaired with at least eight percent of their students eligible for free and reduced lunch program.
4.6 A refundable tax credit, known as the "food income tax credit" is allowed for each South Carolina resident who files an individual income tax return for calendar year 1999 and qualifies for the federal "earned income tax credit", as defined in Internal Revenue Code Section 32. To the extent funds are available, the credit permitted is up to one hundred dollars on each return.
Any funds remaining in excess of the appropriations designated in Section 3 above and the refundable "food income tax credit" must be deposited into the Local Match Personal Property Tax Relief Fund and expended as provided in Section 12-45-85.
SECTION 5. Except as otherwise stated, this part takes effect July 1, 1999, but no appropriation in Section 2 or Section 3 may be paid until after the Comptroller General closes the state's books on fiscal year 1998-99 and no such appropriation shall be available to state agencies until September 1, 1999. Appropriations contained in this part shall be posted in fiscal year 1999-2000.
END OF PART IV
All Acts or parts of Acts inconsistent with any of the provisions of Part I, Part III, or Part IV of this Act are hereby suspended for Fiscal Year 1998-99.
All Acts or parts of Acts inconsistent with any of the provisions of Part II of this Act are hereby repealed.
Except as otherwise specifically provided herein, this Act shall take effect immediately upon its approval by the Governor.